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LIBRARY 

THE  UNIVERSITY 
OF  CALIFORNIA 

SANTA  BARBARA 


PRESENTED  BY 

DONALD  C.  DAVIDSON 
U.C.S.B. 


Publications  of  the  Canadian  Archives,  No.  9. 

THE  CANADIAN  NORTH-WEST 

ITS  EAELY  DEYELOPMEI^(T 

V 

n 


LEGISLATIVE  RECORDS 


MINUTES  OF  THE  COUNCILS  OE  THE  RED  RIVER 
COLONY  AND    THE   NORTHERN   DEPART- 
MENT OF  RUPERT'S  LAND. 


(IN   TWO  VOLUMES.) 

VOL.  11. 

EDITED   BY 

PROF.  E.  H.  OLIVER, 

OF   THE    UNIVERSITY   OF   SASKATCHEWAN. 


Fiiblished  hy  authority   of  the  Secretary  of  State 
under  the  direction  of  the  Archivist. 


OTTAWA 

(KWKKNilKNT  PRINTIN(i    lUKKAl' 

1915 


Publications  of  the  Canadian  Archives,  No.  9. 


THE  CANADIAN  NORTH-WEST 


ITS  EARLY  DEVELOPMENT 


AND 


LEGISLATIVE  RECORDS 


MINUTES  OF  THE  COUNCILS  OF  THE  RED  RIVER 
COLONY  AND    THE    NORTHERN   DEPART- 
MENT OF  RUPERT'S  LAND. 


(in  two  volumes.) 
VOL.  11. 

EDITED   BY 

PROF.  E.  H.  OLIVER, 

or   THE    UNIVERSITY    OF   SASKATCHEWAN. 


Fuhlished  hy  authority  of  the  Secretary  of  State 
under  the  direction  of  the  Archivist. 


OTTAWA 

GOVERNMENT  PRINTING  BUREAU 

1915 


28159— Vol.  II.— A 


1/  ^  ^  PIONEER   LEGISLATIO:^  689 

Minutes  of  Council,  1833. 

Minutes  of  a  temporary  Council  held  at  Keel  River  Settle- 
ment Northern  Department  of  Rupert's  Land  in  consequence 
of  Governor  Simpson  being  unable  to  attend  at  the  usual  seat 
of  Council  through  indisposition  which  commenced  on  the  1st 
day  of  June  1833,  for  the  purpose  of  establishing  such  Rules 
and  Regulations  as  may  be  considered  expedient  for  conducting 
the  business  of  said  Department  and  in  order  to  investigate  the 
result  of  the  trade  of  last  year,  and  determine  the  Outfits  and 
General  Arrangements  for  the  trade  of  tKe  Current  year  con- 
formably to  the  provisions  of  a  Deed  Poll  under  the  seal  of  the 
Governor  and  Company  of  Adventurers  of  England  trading 
into  Hudson's  Bay  bearing  date  the  26th  day  of  March  1821; 
at  which  were  present  the  following  members,  viz: 

George  Simpson,  Governor  in  Chief. 

J.  D.  Cameron,  Chief  Factor. 

Alexr.  Christie,  " 

Jas.  McMillan, 

Resolved  1.  That  the  rotations  of  Furlough  for  the  Current 
year  1833  be  in  favor  of  Chief  Factors  John  Stuart,  Edward 
Smith,  and  John  McLoughlin. 

2.  That  the  Rotation  of  Chief  Factor  John  Stuart  be  trans- 
ferred to  Chief  Factor  John  McBean,  and  that  those  of  Chief 
Factors  Edward  Smith  and  John  McLoughlin  be  availed  of  by 
themselves. 

3.  That  the  rotations  of  Furlough  for  the  Current  year 
1833  be  in  favor  of  Chief  Traders  John  Siveright  and  Robert 
Miles ;  but  as  neither  of  those  Gentlemen  avail  themselves  there- 
of, that  of  John  Siveright  be  transferred  to  Donald  McKintosh ; 
as  Alexr.  Rodk.  McLeod  does  not  take  advantage  of  the  transfer 
allowed  him  by  the  6th  Resolve  of  last  year;  and  that  the  rota- 
tion of  Robert  Miles  be  transferred  to  Colin  Campbell. 

4.  In  order  to  guard  against  any  misapprehension  with 
respect  to  the  Rotations  of  three  ensuing  years. 

That  they  be  considered  in  favor  of  Chief  Factors  James 
Keith,  Joseph  Beioley  and  Angus  Bethune,  with  Chief  Traders 
Colin  Campbell  and  Archibald  McDonald  for  1834/35;  in 
favor  of  Chief  Factors  Donald  McKenzie,  Alexr.  Christie  and 
John  McBean,  with  Chief  Traders  Eras.  Heron  and  J.  E.  Har- 
riott for  Outfit  1835/36  ;  and  in  favor  of  Chief  Factors  William 
McKintosh,  William  Conolly  and  John  Rowand  with  Chief 
Traders  Robert  Cowie  and  Donald  Ross  for  1836/37. 

28159—44 


C90  CANADIAN    ARCHIVES 

5.  That  no  exchanges  of  Rotation  of  furlough  between  Chief 
Factors  or  between  Chief  Traders  be  permitted,  nor  leave  of 
absence  granted  to  Chief  Factors  or  Chief  Traders  while  under 
appointments  on  the  West  side  the  mountains,  until  after  they 
have  passed  five  Winters  there,  except  in  cases  where  ill  healtk 
may  render  it  necessary  for  them  to  visit  Engknd  or  Canada 
for  the  benefit  of  medical  advice. 

6.  That  the  following  arrangements  take  place,  viz. : 

Districts.  Chief  Factors.  Chief  Traders. 

Athabasca John  Charles.  J.  P.  Pruden. 

Wm.  McKintosh. 
English  River  including  )  j,^^^^  McKenzie. 

Cumberland /  J.  E.  Harriott. 

Saskatchewan John  Rowand.  J.  P.  Pruden. 

Swan    River    including  ] 

Fort  Ellice j  Wm.  Toda. 

Red    River  Ft.  Garry,  ^ 

Expr.  Farm  and  Post    >  Jas.  McMillan. 

at  Portage  La  Prairie.  J 

Lac  la  Pluie  including  |  J.  D.  Cameron. 

River  Winipeg i 

Norway  House    includO  Donald  Ross. 

ing--   •. f 

Berens  River J 

Island  Lake John  Lee  Lewes. 

York  Factory :  Alex.  Christie.  Robt.  Miles. 

Jas.  Hargrave. 
Columbia.  Duncan  Finlayson.    Saml.  Black. 

Cuthbt.  Cummings- 

Fras.  Heron. 

Archd.  McDonald. 

Robert  Cowie. 

John  Work, 
New  Caledonia.  _   P.  W.  Deasc.  Simon  McGilli- 

vray. 

Alexr.  Fisher. 

In  order  to  fill  up  tlie  vacancies  that  have  occurred  in  the 
Southern  Department  in  consequence  of  Chief  Factor  John 
^^fcBean  and  Chief  Trader  William  McKintosh  leaving  their- 
respective  charges  on  Furlough  it  is  Resolved 

7.  That  Chief  Trader  Donald  McKenzie  be  ap- 
pointed to  the  charge  of  the  Post  of  Fort  William  in  the  Lake 


PIONEER   LEGISLATION  691 

Superior  District,    and   that    Chief   Trader  P.    S.    Oo-den  be 
appointed  to  the  charge  of  Lake  Huron  District. 

And  in  order  to  fill  up  the  vacancy  that  has  occurred  in 
the  Montreal  Department  in  consequence  of  Chief  Trader 
Cummings  being  removed  to  the  Northern  Department; 

8.  That  Chief  Trader  Alexr.  Rodk.  McLeod  be  appointed 
to  the  Montreal  Department. 

Eesolved  9.   That  the  following  arrangements  take  place. 
Winter  Arrangements — 
Athabasca — Fort  Chippewyan,        John  Charles,  C.F. 
Dunvegan,  Wm.  McKintosh,  do. 

Vermilion,  Chas.  Ross,  Clk. 

Gt.  Slave  Lake,  John  McDonell,  Clk. . 

10.  That  4  Boats,  29  men  and  about  200  pieces  Goods 
constitute  the  Current  Outfit  for  Athabasca  District. 

11.  That  fhe  quantities  of  Leather,  Parchment  Pack  Cords 
and  Babiche  required  for' New  Caledonia  be  provided  at  Dun- 
vegan  together  with  a  sufficient  quantity  of  Grease  to  mdke 
up  the  ladings  of  2  Canoes  to  50  pieces  in  all  deliverable  when 
called  for  after  the  month  of  August. 

In  order  to  save  the  expense  of  a  light  Canoe  for  the  pur- 
pose of  transporting  the  outcoming  and  ingoing  Gentlemen 
belonging  to  Athabasca  District  which  was  formerly  necessary 
when  the  Depot  business  was  transacted  at  York,  but  which 
is  now  unnecessary  as  Norway  House  is  its  Depot,  It  is 

Resolved  12.  That  Chief  Factor  Charles  be  directed  to 
accompany  his  Brigade  to  and  from  his  Wintering  grounds. 

13.  Summer  Arrangements  1834 — 

Athabasca — Fort  Chippewyan,  4  men  incl.  Interpreter. 

Dunvegan,  3     do         do 

Vermilion,  3      do  do 

Gt.  Slave  Lake,  3     do  do 

13     do  do 

14.  That  Chief  Factor  William  McKintosh  and  John  Mc- 
Donell and  Charles  Ross,  Clerks,  remain  inland  and  be  ap- 
pointed as  Chief  Factor  Charles  may  consider  expedient. 

15.  That  Chief  Factor  Christie  be  directed  to  forward 
about  200  pieces  Goods  to  Norway  House  for  Athabasca  Out- 
fit 1834  by  Indians  or  Red  River  Carriers. 

28159— 44i 


092  CAK^ADIAX    AECHIVES 

In  order  to  save  the  expense  of  transporting  Flour  from  the 
Depot  to  Athabasca  or  McKenzies  Eiver  Districts  it  is 

16.  That  the  Gentlemen  in  charge  of  Posts  in  Peace  Eiver 
where  the  climate  and  soil  are  favorable  to  cultivation,^  be 
directed  to  devote  their  attention  to  that  important  object 
forthwith;  as  it  is  intended  that  those  Districts  shall  depend 
on  Peace  Eiver  alone  for  their  Flour  after  the  close  of  Outfits 
1834. 

17.  Winter  Arrangements — 

^IcTvenzies  Eiver — Fort  Simpson,  John  Stuart,  C.F. 

Eiv'■^  au  Liard,  Mur.  McPherson,  Clk. 
Fort  Gorman,  Wm.  Mowat,  P.M. 
Ft.  Good  Hope,  John  Bell,  Clk. 
Fort  Halkett,     John  McLeod,  do. 

IS.  That  about  250  pieces  Goods  in  4  Boats  from  Norway 
House  for  Portage  la  Loche  constitute  the  Current  Outfit  for 
McKenzies  Eiver. 

19.  Summer  Arrangements — 

!^[cKenzies  Eiver — Fort  Simpson,         2  men  incl    Tnterpr. 
Eiv'^    au   Liavd, 
Fort  Norman, 
Fort  Good  Hope, 
Fort   Halkett, 
Exploring   Party, 

18     do  do 

20.  That  Murdoch  McPherson  and  John  Bell,  Clerks,  and 
William  Mowat,  Postmaster,  remain  inland  and  be  appointed 
as  Chief  Factor  Stuart  ma}^  consider  expedient. 

21.  That  John  McLeod,  Clerk,  be  employed  Summer  1834 
with  the  5  men  employed  in  discovering  the  countries  situated 
on  the  West  side  of  the  Eocky  Mountains  from  the  sources 
on.  the  East  branch  of  the  Liard  Eiver. 

22.  That  the  voyaging  Establishments  of  Servants  between 
the  District  and  Portage  la  Loche  do  not  exceed  29  men  in 
nil.  say  1  Guide  4  Steersmen,  4  Bowsmen  and  20  Middlemen 
to  be  employed  in  transporting  the  Eeturns  and  Outfit  from 
Portage  la  Loche  in  4  Boats  Summer  1834;  and  that  Chief 
Factor  John  Stuart  accompany  the  Brigade  to  and  from  the 
District  as  it  is  resolved  that  he  shall  Winter  there  Outfit 
1834/35. 


3 

do 

do 

2 

do 

do 

3 

do 

do 

3 

do 

do 

5 

do 

do 

PIONEER   LEGISLATION  693 

23.  That  Chief  Factor  Christie  be  directed  to  forward  in 
the  course  of  the  Summer  250  pieces  Goods  to  Norway  House 
for  McKenzies  Eiver  Outfit  1834,  the  same  to  be  transported 
thence  in  -i  Boats  to  start  on  or  before  the  15  th  June,  3  of 
which  to  be  manned  by  people  engaged  for  the  Trip  at  Red 
River,  say  7  men  each,  and  the  fourth  by  Servants  exclusive 
of  the  Guide,  those  Servants  to  be  under  engagements  of  not 
less  than  3  years,  and  to  be  exchangeable  at  the  Portage  for 
returning  Servants  from  the  District. 

24.  Winter  Arrangements — 

English  River — Isle  a  la  Crosse,  Rodk,  McKenzie,  C.F. 

Rapid  River,  Geo.  Deschambeault,  Clk. 

Green  Lake,  An  Interpreter. 

Cumberland  Ho.,  T.  Isbister,  P.M.  &  1  man. 

Rat  River,  An  Interpreter. 

25.  That  100  pieces  Goods  in  2  Boats  manned  by  13  men 
constitute  the  Current  Outfit  for  the  three  first  Posts  of  that 
District,  and  that  60  pieces  Goods  constitute  the  Current  Out- 
fit for  Cumberland  House  and  the  Outpost  of  Rat  River  to  be 
established  this  season  from  thence:  these  Goods  to  be  taken 
in  by  the  Saskatchewan  Brigade,  into  which  5  voyaging  Ser- 
vants intended  for  the  tw^o  last  Posts  will  be  drafted. 

26.  Summer  Arrangements  1834 — 

English  River — Isle  a  la  Crosse,    G.  Deschambeault,  Clk.,  &  2  , 

men. 
Rapid  River,  1  man. 
Cumberland  Ho.  T.  Isbister,  P.M.,  &  1  man. 

27.  That  a  quantity  of  dried  Provisions  equal  to  80  Bags 
Pemican  be  provided  and  forthcoming  for  the  use  of  the  out- 
ward and  inward  bound  K'orthern  Craft,  Spring  and  Summer 
1834. 

28.  Winter  Arrangements — 
Saskatchew^an — Edmonton,  John  Rowand,  C.E. 

Richd.  Grant,  Clk. 

W.  G.  Rae,        do. 
Carlton,      J.  P.  Pruden,  C.T. 

Patrick  Small,  Clk. 
PieganPost,  J.  E.  Harriott,  C.T. 

Henry  Eisher,  Clk. 
Fort  Assineboine,  An  Interpreter. 
Jaspers  House,  Michel  Klyne,  P.M. 
Lesser  Slave  Lake,  Geo.  McDougall,  Clk. 


694  CAXADIAX    ARCHIVES 

29.  That  about  550  pieces  o^oocls  in  10  boats  manned  by 
40  servants  belonging  to  the  District  constitute  the  Current 
Outfit;  that  the  crews  be  made  up  of  the  ingoing  servants  be- 
longing to  the  Columbia  with  5  servants  for  the  Cumberland 
Posts  and  that  60  pieces  goods  be  forwarded  on  freight  by 
this  Brigade  for  those  posts. 

30.  That  600  Bags  Pemican  be  provided 'by  the  Saskatche- 
wan District  for  the  service  of  next  year  deliverable  at  Nor- 
way House,  for  which  credit  shall  be  given  at  the  rate  of  2d 
j)er  lb. ;  That  50  Bags  soft  Pemican  be  provided  and  delivered 
at  the  same  place  for  which  credit  shall  be  given  at  the  rate 
of  3d  per  lb.  and  that  all  the  surplus  grease  collected  in  the 
District  be  brought  to  the  Depot  in  a  clean  and  rendered  state, 
for  exportation  in  packages  of  not  less  than  2  cwt.,  for  which 
credit  shall  be  given  at  the  rate  of  2d  per  lb. 

31.  That  a  boat  and  2  men  be  left  at  York  for  the  purpose 
of  conveying  12  of  the  new  servants,  coming  from  Europe  by 
the  ship,  inland  where  it  is  intended  they  shall  pass  the  win- 
ter, and  be  brought  to  the  Depot  next'"summer  for  appointment 
to  other  Districts. 

32.  Summer   Arrangements,   1834 — • 

Saskatchewan,  Edmonton,  J.  E.  Harriott,  C.T.,    • 

Henry  Fisher,  Clk. 
Wm.  a  Rae,  Clk.,  &  13  men. 
Carleton,     J.  P.  Pruden,  C.T. 

Patk.  Small,  Clk.,  &  7  men. 
Fort  Assineboine,  2  men.  . 
Jasper's  House,  Michel  Klyne,    P.M.,  &  1  man. 
Including  interpreters,  20  men. 

33.  That  J.  P.  Pruden  and  J.  E.  Harriott,  Chief  Traders, 
and  Richard  Grant,  Patrick  Small,  Henry  Fisher,  George 
McDougall  and  W.  G.  Pae,  Clerks,  remain  inland  and  be  ap- 
pointed as  the  Chief  Factor  superintending  the  District  may 
consider  expedient  unless  the  services  of  one  or  two  of  those 
clerks  be  required  by  him  in  assisting  t\o  conduct  the  Brigades 
to  and  from  the  Depot. 

34.  Tliat  the  requisite  number  of  horses  be  ])rovided  at 
Edmonton  for  the  transport  of  the  Cumberland  property  to 
Fort  Assineboine;  tlie  charge  for  transport!  to  be  5/  for  each 
piece  of  90  lbs.  weight,  and  that  craft  be  always  in  readiness 
at  Fort  Assdn€boin(>  and  the  Rocky  Mountain  House  for  the 
conveyance  of  peujilo  and  property  to  the  Columbia  Depart- 
ment. 


PIOXEER    LEGISLATION  695 

35.  That  Chief  Factor  Rowand  be  instructed  to  provide 
120  pair  tracking  shoes  to  be  brought  out  to  the  Depot. 

36.  That  Chief  Factor  Rowand  be  instructed  to  provide  8 
Tiew  boats  for  general  distribution  at  Norway  House. 

37.  Winter  arrangement^ — 

Swan  River,  Fort  Pelly,  William  Todd,  C.T. 

Chas.  Goulet,  P.M. 
Fort  Ell  ice,  John  McKay,  Clk. 
Manitobah.  Fras.  Richard,  P.M. 
Shoal  River,  A  man. 

38.  That  180  pieces  goods  constitute  the  Current  Outfit  for 
this  District  with  15  voyaging  servants,  100  pieces  of  these 
goods  to  be  taken  up  from  the  Depot  on  2  boats  manned  by  12 
men  for  the  trade  of  Fort  Pelly,  Manitobah  and  Shoal  River 
Posts,  and  the  remaining  80  pieces  to  be  brought  with  the  Red 
River  Outfit  for  the  trade  of  Fort  Ellice,  accompanied  by  the 
3  remaining  men  who  are  intended  to  winter  at  that  Post. 

39.  That  Chief"  Trader  Todd  be  directed  to  con- 
tiact  witli  Freeman  for  the  delivery  of  200  to  300  bushels  salt 
at  Xorway  House  at  a  price  not  exceeding  5/  per  bushel. 

10.  That  every  encouragement  be  given  with  a  view  to 
increasing  the  returns  in  the  artiicle  of  Buffalo  Robes  in  order 
to  withdraw  tlie  plain  tribes  from  the  American  establishments 
on  the  Missouri,  the  price  not  to  exceed  3/  each. 

11.  Summer  Arrangements — 

Swan  River — Fort  Pelly,  Chas.  Goulet  &  2  men. 

Fort  Ellice,  J.  R.  McKay  and  7  men. 
Manitobah,  Fras.  Richard,  P.M. 
Shoal  River,  1  man 

Including  interpreters  10  men. 

12.  That  Chief  Trader  Todd  be  directed  to  send  the  Re- 
turns of  Fort  Pelly  and  Fort  Ellice  out  via  the  Assineboine 
river;  and  those  of  the  other  Establishments  via  the  Dauphin 
river  and  that  the  crews  of  the  boats  be  made  up  to  4  men  each 
by  Freemen  or  Indians,  engaged  for  the  trip  to  ISTorway  House. 

43.  Winter  Arrangements — 
Red  River — Fort  Garry,  Thomas  Simpson.  Clk. 

Pierre  Le  Blanc,  P.M. 
Foi'ks.  Joseph  Charles,  Clk. 

Warden  of  the  Plains.  Cuthbt  Grant. 


096  CAXADIA]!^    ARCHIVES 

44.  That  supplies  for  the  use  of  the  Colony  Shop  and  In- 
dian trade  amounting  to  about  1000  pieces  be  provided  and 
forwarded  on  freight,  and  that  the  establishment  of  servants  be 
as  follows: —     . 

Fort  Garry,  4  men  including  blacksmith. 
Forks  1  man. 

45.  That  the  following  supplies  be  procured  at  the  Colony 
made  up  in  sound  and  transportable  packages  at  the  annexed 
prices,  viz: — 

50  Firkins  best  cured  butter  at ,7d  per  lb. 

20  Cwt.  best  cured  beef  (briskets  &  ribs) .  3d      " 

150  Bushels  hulled  Indian  Corn  @ 4/. 

1000  Cwt.  flour  1st  &  2nd  (qualities  mixed)  11/. 

50  Pork  haras  cured  @ 5d  per  lb. 

50  Bushels  white  pease  @ 3/6. 

60  Cwt.  cured  pork  @ 3d  per  lb. 

300  Portage  straps 2/  each. 

46.  That  1000  bushels  clean,  sound,  dry  wheat  be  pur- 
chased and  laid  up  in  depot  at  the  new  fort  until  required,  if 
to  be  obtained  at  3^6  p.  bus. ; 

47.  That  the  freight  to  be  allowed  to  Districts  for  the  cur- 
rent year  for  the  transport  of  pieces  be  as  follows:  viz, 

York  Factory  to  Red  River  10/  per  piece. 

York  Factory  to  Norway  House  14/  "  " 

York  Factory  to  Oxford  House  10/  "  " 

Oxford  House  to  Norway  House  4/  "  " 

Xorway  House  to  Red  River  3/  "  " 

Red  River  to  Norway  House  2/  "  " 

Norway  House  to  Oxford  House  2/  "  " 

Oxford  House  to  York  Factory  3/  "  " 

48.  That  30  men,  the  crews  of  5  boats,  be  engaged  for  the- 
season  of  open  water  to  be  employed  as  may  be  required  at  £16 
per  Steersman,  £14  for  Bowsmen,  and  £12  for  Middlemen. 

40.  That  21  men  the  crews  of  3  boats  be  engaged  for  the 
McKenzie  River  transport  and  others  that  may  be  required 
for  the  season  of  open  water  at  £16  per  Steersmen,  £14  for 
Bowmen,  and  £12  for  Middlemen. 

50.  Winter  Arrangements — 

Red  River — Experimental  Farm,  Jas.  McMillan  C.F. 
Portage  la  Prairie,  Geo.  Setter.  P.M. 


PIOXEEK    LEGISLATION  697 

51.  That  50  pieces  goods  constitute  the  current  outfit  for 
the  Experimental  Farm  and  the  Post  at  Portage  la  Prairie  to 
be  taken  in  on  freight. 

52.  That  the  Establishment  of  people  under  the  direction 
of  Chief  Factor  McMillan  for  the  Experimental  Farm  and  the 
Post  at  Portage  la  Prairie  be  as  follows  viz: 

Experimental  Farm,  5  men. 

Post  at  the  Portage,  Geo.  Setter,  P.lf.  &  4  men. 

53.  Summer  Arrangements — 

Fort  Garry,  4  men  including  blacksmith. 

Forks,  Geo.  Setter,  P.M.,  &  1  man. 

Experimental  Farm,    5  men. 

The  Council  having  learnt  with  much  satisfaction  that  the 
cause  of  education  and  religion  is  much  advanced  in  Red  River 
Settlement  by  the  establishment  of  sundry  schools  under  the 
superintendence  of  the  Revd.  Mr.  Jones  and  the  Revd.  Mr. 
Cochran,  and  that  Mr.  Pritchard  had  rendered  his  valuable 
services  gratuitiously  to  that  effect  for  several  years  past ; 
moreover  that  that  Gentleman  has  established  a  day  school  for 
the  education  of  the  youth  of  both  sexes  in  his  neighborhood, 
which  is  attended  by  many  Children  whose  parents  cannot 
afford  to  pay  for  their  instruction  it  is  Resolved 

54.  That  in  order  to  encourage  the  laudable  and 
highly  useful  objects  now  in  question,  the  sum  of  £25  per 
amium  be  allowed  to  Mr.  Pritchard  subject  to  the  approbation 
of  the  Governor  &  Committee. 

55.  Winter  Arrangements — 

Lac  la  Pluie — Fort  Frances,  J.  D.  Cameron,  C.F. 

Wm.  Sinclair,  Clk. 
White  Fish  Lake,        An  Interpreter. 
Lac  du  Bois  Blanc,  do. 

Dalles,  Thos.  Taylor,  P.M. 

Fort  Alexander,  "Wm.  Clouston,  P.M. 

56.  That  250  pieces  Goods,  to  be  transported  by  19  ser- 
vants belonging  to  the  District  and  on  freight  by  Craft  belong- 
ing to  other  Posts,  constitute  the  Current  Outfit  for  this  District 
and  that  5  new  Bark  Canoes  be  provided  for  the  service  of  the 
following  year. 

57.  Summer  Arrangements  1834 — 

Lac  La  Pluie — Fort  Frances,  Wm.   Sinclair,  Clk.   &  3  men 

including  interpreters. 
Fort  Alexander,  Wm.  Clouston,  P.M.  &  2  men 
including  interpreters,  5  men. 


<;98  CAXADIAX    ARCHIVES 

In  order  to  reduce  the  expenses  on  the  Lac  la  Pluie  Dis- 
trict which  is  now  relieved  from  opposition 

58.  That  the  voyaging  complement  of  Servants  be  next 
year  reduced  to  12  men  who  assisted  by  6  Indians  to  be 
engaged  for  the  Summer  at  £5  per  man  will  make  up  the  crews 
cf  3  Boats  laden  with  Goods  from  the  Depot  to  N'orway  House, 
where  the  cargo  of  a  fourth  Boat  will  be  delivered  by  Red 
River  Trip  men  on  Freight,  making  the  Outfit  up  to  about  250 
pieces,  which  will  be  taken  to  the  District  from  Norway  House 
in  4  Boats  manned  by  the  said  18  Servants  and  Indians. 

59.  Winter  Arrangements. — 

Xorway  House — Norway  Plouse,     Donald  Ross,  C.T.,  an  Ap- 
prentice Clk    &  5  men. 
Berens  River,       Two  men. 
Sandy  Narrows,  R.  Cummings,  P.M.,  &  3  men 

60.  That  about  YO  pieces  Goods  to  be  transported  in  2 
Boats,  manned  by  7  Servants  belonging  to  the  District  and  5 
Indians  to  be  engaged  for  the  Trip,  constitute  the  Outfit  for  the 
Current  year,  and  that  the  ladings  be  made  up  by  70  pieces 
Goods  on  Freight. 

HI.   Summer  Arrangements  1834 — 

Norway  House — Norway  House,  Donald  Ross,   C.T.,   1   Clk. 

and  3  men. 
Berens  River,   Robt.   Cumminas,  P.M. 


"J-)--'7 


Serious  inconvenience  having  been  experienced  from  the 
irregular  practice  which  has  hitherto  been  observed  at  this 
I'epot  of  opening  accounts  with  other  Establishments  and 
Servants   belonging   to   other   Districts. 

62.  That  with  the  exception  of  Red  River  produce  no 
supplies  of  any  description  be  given  either  to  District  or 
Servants  from  this  Establisliment. 

68.  That  this  Establishment  be  considered  as  the  Depot  of 
Athabasca  District  and  that  Outfits  and  supplies  for  Servants 
be  forwarded  from  York  Factory,  the  Freight  thereof  to  be 
ciiargeable  to  Athabasca  District ;  and  that  Norway  House  be 
allowed  12^  per  cent,  advance  upon  York  or  Inventory  prices 
on  sales  to  Servants  in  order  to  cover  all  charges  of  Storage, 
Packing,  &rc. 

64.  That  the  two-decked  Vessel,  employed  in  the 
Lake  Wini])eg  transport  be  laid  up  at  Norway  House  during 
the  "Winter,  and  dispatched  to  Red  River  for  Cargoes    at    the 


PIOXEEE    LEGISLATION  699 

opening  of  the  navigation,  and  that  the  Crews  be  occupied 
during  the  dead  season  of  the  year  on  the  Winter  road  and 
other  work  connected  M-ith  that  object,  except  the  Carpenter 
and  an  assistant  who  will  be  eriiploved  during  the  Winter  at 
Norway  House  in  building  and  rei^airing  Boats  for  general 
distribution. 

65.  AVinter  Arrangements — 

Island  Lake — -Oxford  House,  John  Lee  Lewes,  C.F. 
Island  Lake,       Wm.  McKay,  P.M. 

Great  difficulty  having  been  experienced  in  maintaining 
the  Establishments  of  Windy  Lake  and  Merrys  House  of  late, 
which  have  been  very  unproductive  in  regard  to  returns,  and 
the  Post  of  Manitoo  Lake  being  only  40  miles  distant  from 
Oxford  House  it  is  considered  expedient  to  concentrate  the 
business  by  abandoning  the  Posts  of  Windy  Lake  and  Merrys 
House  and  to  establish  in  their  stead  a  Post  at  the  east  end  of 
Island  Lake,  where  the  fishery  is  so  productive  as  to  afford 
abundant  means  of  -living,  and  to  which  the  Indians  of  both 
these  Posts  can  be  drawn  without  inconvenience,  likewise  to 
abandon  the  post  of  Manitoo  Lake,  merely  keeping  a  Fisher- 
man there  for  the  support  of  the  people  employed  on  the  Winter 
road,  and  who  would  be  provided  with  a  few  essentials  to  supply 
the  Indians  with  when  absolutely  necessary  in  the  course  of  the 
Winter,  it  is  therefore  Resolved 

66.  That  the  Posts  of  Windy  Lake,  Merrys  House 
?nd  Manitoo  Lake  be  abandoned  this .  season ;  and  that  a  Post 
be  established  at  the  east  end  of  Island  Lake. 

67.  That  about  80  pieces  Goods  to  be  transported  from  the 
Depot  in  a  Boat  manned  by  7  men  constitute  the  Current  Outfit 
of  this  district. 

Winter  Poad  Arrangements — 

It  being  very  desirable  to  follow  up  the  Winter  road  plan 
which  in  due  time  promi-^es  important  advantages  to  the 
Country  at  large,  it  is  Pesolved 

68.  That  the  work  be  continued  under  the  direction  of 
Chief  Factor  Lewes  and  that  to  carry  it  on,  the  services  of  ten 
supernumeraries  be  at  his  disposal  for  that  object,  to  be  fed 
principally  on  fish  from  the  Fishery  at  ^NTanitoo  Lake;  those 
supernumeraries  to  be  at  ISTorway  House  for  general  service 
on  or  before  the  1st  Tune. 

69.  Summer- Arrangements  1834 — 

Island  Lake— Oxford  House,  AYm.  ]\reTvay.  P.jNL,  &  1  man. 
Island  Lake.  1  man. 


700  CANADIAN    ARCHIVES  , 

70.  That  Chief  Factor  Lewes  be  directed  to  employ  4 
Boats  manned  by  32  Indians  and  a  Guide  in  performing  a 
double  Trip  between  the  Depot  and  ISTorway  House  in  the  trans- 
port of  Goods  and  Eeturns,  the  lading  of  each  Boat  upwards 
per  Trip  to  be  80  and  downwards  70  pieces;  5  of  which  to  be 
left  at  Oxford  House  and  the  remaining  65  ps.  per  Boat 
to  be  delivered  at  York. 

71.  Winter  Arrangements — 

York — York   Factory,   Alexander  Christie,  C.T. 

Eobert  Miles.  C.T. 
Jas.   Hargrave  do. 
John  Ballenden,  Clerk. 
Archd.  McKinlay  do. 
Churchill,  Robert  Harding,  Clerk. 

Xelson  River,     John  Tod,  Clerk. 

Severn,  John  Rendall,  P.M.,  or  John  Hutchi- 

son, Clk.,  if  he  comes  from  England, 
in  which  case  Rendall  to  winter  at 
York. 

72.  That  25  men  including  Mechanics  constitute  the  Win- 
ter and  Summer  establishment  of  York  Factory. 

73.  That  4  men  constitute  the  Summer  establishments  of 
Churchill,  with  an  Outfit  amounting  to  about  100  pieces  goods, 
and  provisions ;  and  that,  in  order  to  encourage  the  Oil  Trade, 
the  Frances  Schooner  be  attached  to  that  Post ;  the  Master  and 
Crew  of  5  men,  including  a  Cooper  with  1  man  belonging  to  the 
Post,  to  be  employed  during  the  months  of  June  and  July  in 
fishing  and  preparing  the  Oil  at  Seal  River;  in  August  the 
vessel  to  proceed  to  York  with  the  Returns ;  thence  to  Severn 
with  the  Outfit  of  that  Post  and  for  the  returns  which  are  to  be 
laken  to  the  Depot,  when  the  Schooner  will  be  employed  until 
the  15th  September  if  necessary  in  discharging  and  re-loading 
ihe  Ship  from  Europe,  and  then  return  to  Churchill  with  the 
Outfit  of  that  Post,  where  she  will  be  laid  up  for  Winter,  and 
the  Master  and  Crew  be  employed  as  the  Clerk  in  charge  may 
consider  expedient. 

Split  Lake  being  no  longer  considered  an  eligible  situation 
for  the  Xelson  River  post  on  account  of  the  impoverished  state 
of  the  Country  in  its  neighborhood  and  the  improved  condition 
of  the  Upper  part  of  the  River,  it  is  Resolved 

74.  That  the  post  at  Split  I^ake  be  abandoned  and 
that  a  Post  be  established  in  its  stead  at  the  "  Three  Points  ^* 


PIO^'EER    LEGISLATIOX  701 

situated  at  about  half  way  between  Split  Lake  and  the  Point 
at  which  the  Churchill  and  Xelson  Kiver  waters  separate  and 
that  3  men  including  an  Interpreter  with  about  50  pieces 
Goods  constitute  the  Establishment  and  Outfit  of  that  Post  dur- 
ing the  current  year ;  two  of  these  men  with  Indians  to  trans- 
port the  Eeturns  to  and  Outfit  from  the  Depot  by  Boat;  the 
Interpreter  alone  to  remain  in  charge  of  the  Post  during  the 
Summer  and  the  Clerk  conducting  the  business  to  be  employed 
in  the  Pack  Store  at  York  Factory  during  the  busy  season. 

75.  That  3  men  constitute  the  Winter  and  Summer  estab- 
lishment of  Severn  Post  with  an  outfit  of  about  60  pieces  Goods 
and  provisions  to  be  transported  from  the  Depot  and  the  re- 
turns taken  thither  by  the  Frances  Schooner  and  that  the  Post- 
master in  charge,  who  is  a  Ship  Carpenter  by  trade,  be  em- 
ployed during  part  of  the  month  of  July  and  August  in  build- 
ing or  repairing  Craft. 

76.  Columbia  Winter  Arrangements — 

Fort  Vancouver.  Fort  Colville.  Flat  Heads. 

Coutonais.  Thompson  Eiver.        Okanagan. 

:N'ez  Percez.  Fort  Langley.  Fort  Simpson. 

Shipping.  Snake  Expedition  or  ISTew  Establmts. 

Chief  Factor,  John  McLoughlin,  if  he  does  not  avail  him- 
self of  his  rotation  of  Furlough,  and  Duncan  Finlayson,  Chief 
Factor;  Samuel  Black,  Cuthbert  Cummings,  Eras.  Heron, 
Archd.  McDonald,  Eobert  Cowie  and  John  Work,  Chief  Trad- 
ers; James  Douglas,  James  Birnie,  William  Kitson,  Francis 
Ermatinger,  Donald  Manson,  T.  IT.  Annance,  Thomas  McKay, 
P.C.  Pambrun,  J.  M.  Yale,  George  T.  Allan  and  x\lexr.  Ander- 
son, Clerks Surgeons. 

Masters  and  Mates  of  Vessels. 

77.  That  it  be  discretionary  with  Chief  Factor  McLoughlin, 
(if  he  remains  in  the  District)  and,  if  not,  with  Chief  Factor 
Finlayson  to  make  the  appointments  of  those  Gentlemen  as 
he  may  consider  expedient. 

78.  That  men  be  provided  for  this  District  to  accompany 
the  Saskatchewan  Brigade  under  the  charge  of  Chief  Factor 
Bowand  until  they  reach  Edmonton  and  from  thence  proceed 
under  the  charge  of  Chief  Trader  Cummings  to  Fort  Van- 
couver unless  he  may  receive  further  instructions  from  the 
Chief  Factor  superintending  the  business  en  route,  by  which 
he  will  regulate  his  movements. 

79.  That  the  Chief  Factor  superintending  the  business  take 
the  necessary  steps  to  employ  the  Shipping  in  the  coasting  and 


702  CANADIAN    ARCHIVES 

Timber  Trades,  and  to  carry  into  effect  the  object  noticed  in  the 
Governor  and  Committee's  Dispatch  of  and  in  a 

letter  to  be  written  to  him  from  York  in  the  course  of  the  season 
by  the  Gentlemen,  Chief  Factors  and  Chief  Traders  present 
SO.  Columbia — New  Caledonia — 

Stuarts  Lake.  Fraser's  Lake.  McLeod's  Lake. 

Alexandria.  Babines.  Conolly's  Lake. 

Fort  George.  Chilcotens. 

Peter  Warren  Dease,  Chief  Factor. 
Simon  McGillivray  and  Alexr.  Fisher,  Chief  Traders. 
Thomas  Dears,  George  Linton,  Donald  McKenzie  and  Wil- 
linm  F.  Lane,  Clerks. 

Chas.  Ross  and  Benjamin  McKenzie,  Postmasters. 

81.  That  men  be  forwarded  by  the  Columbia  Brigade  to 
replace  the  retiring  Servants  of  this  District  and  that  they  pro- 
ceed via  Okanagan,  Thompson  Biver  and  Alexandria. 

82.  That  it  be  discretionary  with  Chief  Factor  Dease  to 
make  the  appointments  of  the  above  mentioned  Gentlemen  to- 
gether with  the  requisite  Establishment  of  Servants  as  he  maj 
consider  expedient, 

83.  That  530  dressed  Mooseskins,  18  Parchment  Skins,  100 
Babiche  Snares  and  Beaver  ISTets,  2,000  Pack  Cords,  30  lbs- 
Sinews  and  a  sufficient  quantity  of  Grease  to  make  up  50  pieces 
in  all  be  provided  at  Dunvegan  for  the  use  of  'New  Caledonia 
District  to  be  sent  for  in  the  Autumn  of  every  year  by  the  Gen- 
tleman in  charge  of  that  District. 

84.  That  a  complete  Outfit  for  Xew  Caledonia  1834  con- 
formably to  Requisition  be  prepared  at  Fort  Vancouver  by 
next  Spring,  and  that  the  requisite  Horses  and  appointments, 
&c.,  &c.,  to  effect  the  transport  thereof  be  provided  and  for- 
warded thither  from  the  Columbia. 

And  with  reference  to  further  arrangements  in  connection 
with  the  Columbia  department  generally. 

85.  That  the  same  be  determined  by  a  letter  to  be  written 
by  the  Chief  Factors  and  Chief  Traders  who  may  be  at  York 
this  season  to  the  Chief  Factors  superintending  the  Columbia 
and  New  Caledonia  affairs. 

With  regard  to  the  establishment  of  Ungava  from  whence 
no  advices  have  been  received  since  those  of  date  1831;  it  is 
expected  that  the  Beaver  Sloop  will  be  forwarded  thence  to 
York  with  the  Returns  and  for  fresh  supplies  of  Goods,  Pro- 


PIONEER    LEGISLATION  703 

visions,  &c.,  iu  the  course  of  the  present  season  in  which  case 
it  is  Resolved 

86.  That  Mr.  Finlayson's  request  for  men,  Goods  and  other 
supplies  be  completed  bj  Chief  Factor  Christie  as  far  as  the 
means  at  his  disposal  may  permit. 

In  the  meantime  Governor  Simpson  has  forwarded  com- 
munications to  Chief  Factors  McTavish  and  Beioley  requesting 
to  concert  measures  for  sending  the  Express  to  Ungava  with  the 
least  possible  delay,  if  they  have  not  already  heard  from  Mr. 
Finlayson,  in  order  to  gain  some  intelligence  respecting  the  state 
of  the  Settlement  which  they  are  directed- to  forward  to  the 
Governor  and  Committee,  likewise  to  Governor  Simpson  in 
duplicate,  by  the  Ship  and  via  Canada ;  and  in  the  event  of  the 
Beaver  Sloop  not  having  reached  Ungava  in  1831,  or  not  getting 
tc  York  in  the  course  of  the  current  season,  it  is  Resolved 

87.  That  Governor  and  Committee  be  requested  to  forward 
the  necessary  supplies  either  from  England  or  Canada  as  early 
in  the  Summer  of  1834  as  possible  but  in  the  absence  of  any 
communication  from  Ungava,  either  by  overland  express  to  the 
Southern  Department  or  by  the  Vessel  to  York  this  season,  then 
and  in  that  case  it  is  to  be  understood  that  no  Outfit  shall  be 
forwarded  either  from  England  or  Canada  next  year  but  that 
Chief  Factors  McTavish  and  Beioley  be  directed  to  concert  and 
carry  into  effect  such  measures  by  overland  communication  to- 
wards the  protection  and  safety  of  the  Settlement  as  they  may 
consider  expedient  under  existing  circumstances. 

Great  benefit  having  been  derived  from  the  benevolent  and 
indefatigable  exertions  of  the  Catholic  Mission  at  Red  River  in 
the  welfare,  moral  and  religious  instruction  of  its  numerous 
followers  and  it  being  observed  with  much  satisfaction  that  the 
influence  of  the  Mission  under  the  direction  of  The  Right  Revd. 
The  Bishop  of  Juliopolis  has  been  uniformly  directed  to  the 
best  interests  of  the  Settlement  and  of  the  Country  at  large,  it 
is  Resolved 

88.  That  in  order  to  mark  our  approbation  of  such  laudable 
and  disinterested  conduct  on  the  part  of  said  Mission,  the  sum 
of  £50  be  given  towards  its  support  together  with  an  allowance 
of  luxuries  for  its  use. 

Dr.  Bunn  having  attended  professionally  on  many  retired 
Servants  in  Red  River  Settlement  who  on  account  of  their 
indigent  circumstances  could  not  pay  for  medical  advice  and 
having  likewise  administered  medicine  at  several  of  the  Com- 
pany's Establishments  and  to  the  families  of  Gentlemen  belong- 


704  CANADIAN    ARCHIVES 

ing  to  the  Service  who  have  been  sent  to  Ked  River  for  the 
benefit  of  religious  instruction  and  education  during  the  past 
jear,  it  is  Kesolved 

89.  That  in  consideration  of,  and  a  remuueration  for  suci 
medical  advice  and  attendance  a  grant  of  £50  be  made  to  the 
same  Dr.  Bunn  for  the  year  terminatinq-  the  1st  June  1833. 

90.  That  for  the  purpose  of  transmitting  corrected  accounts 
from  the  Depot  of  the  Summer  transactions  as  well  as  of  'Con- 
veying information  relative  to  the  Districts  in  general,  a 
Winter  Express  from  the  Depot  and  the  interior  be  appointed 
to  meet  at  Carleton  House;  the  one  to  proceed  northward  via 
Isle  a  la  Crosse  and  Athabasca  and  the  other  southward  via 
Fort  Pelly  and  Norway  House,  and  that  steps  be  also  taken 
by  means  of  Indians  or  otherwise  to  forward  from  the  Depot 
to  iSTorway  House  or  Cumberland  before  the  closing  of  the 
navigation  any  private  letters  conveyed  by  the  Ship  in  order 
that  they  may  reach  their  respective  destinations  before  the 
departure  of  the  Craft  and  returns  in  Spring.  That  all  letters 
on  public  business  be  in  triplicate  under  official  signatures  and 
when  intended  for  general  circulation  to  be  addressed  to  the 
Governor,  Chief  Factors  and  Chief  Traders. 

In  order  to  remove  all  difficulties  as  to  the  future  mode  of 
conveying  intelligence  during  the  Winter  between  the  ISTorthevn 
and  Southern  Depots,  it  is  Resolved 

91.  That  for  the  Winter  1833/34  the  Packet  be  forwarded 
from  Moose  via  Albany  and  Severn  and  for  the  Winter  1834/ 
35  from  York  via  Severn  and  Albany  and  in  like  manner  alter- 
nately hereafter. 

With  reference  to  the  96th  Resolve  of  Council  of  last  year 
and  similar  preceding  Resolves  passed  with  a  view  to  the 
preservation  of  Beaver,  in  which  the  Districts  are  restricted 
to  certain  Returns  in  that  Article  of  which  nevertheless  iheri 
is  almost  invariably  an  excess  thereby  defeating  the  object  in 
view,  it  is  Resolved 

92.  That  Gentlemen  in  charge  of  Districts  and  Posts, 
except  such  as  are  exposed  to  opposition,  exert  their  utmost 
efforts  in  discouraging  the  hunting  of  Cub  Beaver  and  beaver 
out  of  season,  and  that  no  Beaver  traps  be  issued  from  the  Depot, 
except  for  sale  to  the  Piegan  Indians,  and  that  in  any  cases 
where  an  unusual  proportion  of  Cub  or  unseasoned  Beaver 
appears  the  same  be  particularly  represented  to  the  Governor 
&  Committee. 

93.  That  all  Gentlemen  in  charge  of  Districts  and  Posts 
be  directod  to  fnrnisli  annnallv  ^vith  the  Inventories  a  list  of 


PIOIS^EEE    LEGISLATION  705 

.the  Articles  in  use  at  each  Post  distiuguishing  them  accord- 
ing to  the  condition  as  Good,  half -worn,  much-worn,  also  a  list 
•of  Cattle  or  other  live  stock  and  the  number  of  acres  in  cultiva- 
tion and  quantity  of  seed  sown  for  the  next  Crop  with  quantity 
reaped  the  preceding  Summer.  The  Cattle  to  be  distinguished 
Bulls,  Cows  of  several  ages,  Calves  one  year  old,  two  years  old, 
three  years  old  and  upwards  without  any  valuation  affixed. 

94.  That  Gentlemen  in  charge  of  Districts  and  Posts  be 
■directed  to  use  their  utmost  endeavor  to  collect  larffe  quantities 
of  Leather  (dressed  and  parchment),  Buffalo  Robes,  Pack 
Cords,  Snow-shoe  line,  Leather  tents  &c.  &c.  as  they  are  articles 
absolutely  necessary  for  the  trade  in  many  parts  of  the  Country 
:and  cannot  be  purchased  in  Europe  or  Canada. 

Serious  inconvenience  having  been  experienced  of  late  years 
from  the  circumstance  of  'Gentlemen  in  charge  of  Brigades 
leaving  the  Factory  with  Craft  not  fully  laden,  thereby  occa- 
sioning a  loss  of  Freight,  it  is  Resolved 

95.  That  the  lading  of  all  Boats  belonging  to 
Districts  in  the  ISTorthern  Department,  leaving  the  Depot  be 
70  pieces  Goods  of  full  weight  or  measurement  except  the 
usual  allowance  for  passengers,  viz. :  10  pieces  for  each  Com- 
missioned Gentleman,  5  pieces  for  first  class  Clerks,  and  3 
pieces  for  junior  Clerks  and  Postmasters  and  one  third  of  the 
above  allowances  to  cover  the  Freight  of  private  orders  for  the 
same  classes  remaining  inland;  that  each  Servant  remaining 
inland  be  allowed  the  Freight  of  one  piece  to  cover  his  private 
order,  which  shall  be  considered  cargo ;  and  that  in  all  cases 
where  a  loss  of  Freight  is  occasioned  by  neglect  of  this  Resolve 
the  same  be  chargeable  to  the  private  account  of  the  Commis- 
sioned Gentleman  conducting  the  Brigade. 

And  with  reference  to  the  foregoing  Resolution  in  order  to 
regulate  the  charge  of  Freight  of  private  property  conveyed 
inland  exceeding  the  fixed  allowance,  it  is  Resolved 

96.  That  the  same  be  charged  to  private  account  of  the 
parties  as  follows  Viz. 

From  York  Factory  to  McKenzies  River,  50/  p.  pee. 
"  "  Athabasca,  40/  p.  pee. 

"  "  Saskatchewan,  Engh.  River,  Lac  la 

Pluie.  Tipper  Red  River  &  Swan 

River,  30/ 
"  "  Red  River  Settl.    &    the    Winipeg 

Posts,  18/ 
"  "  Xorway  House,  14/  p.  piece. 

-28159—45 


706  CAIVADTAX    AKCHIVES 

'/  "  Oxford  House  &  Jsielson  Kiver,  10/ 

p.   piece. 
"  "  Churchill  &  Severn,  2/  p.  piece. 

From  Norway  House  to  McKenzies  Eiver  Dist,  36/  p.  pee. 
"  "  Athabasca,   26/  p.   piece. 

"  "  Saskatchewan,  Engh.  River,  Lac  la 

Pluie,  Upper  Red  River  &  Swan 

River,  16/ 
"  "  Red   River   Settl.    &    the    Winipeg 

Posts,  3/ 
"  "  Oxford  House,  2/ 

"  "  York  Factorj^,  .5/ 

Resolved  97.  That  tlie  undermentioned  Clerks  whose  terms 
have  expired  be  re-engaged  for  the  term  and  at  the  salaries 
affixed  to  their  name  from  1st  June  1833  viz 

Joseph  Charles  for  3  3'ears  at  £75  p.  annum. 

Robert  Harding       for  3  years  at  £100  p.  annum. 
George  McDougall  for  3  years  at  £100  p.  annum. 

And  that  the  undermentioned  Clerks  and  Postmasters 
whose  engagements  will  expire  31st  May  next  be  re-engaged 
for  the  term  and  the  salaries  affixed  to  their  names  from  1st 
June  1834  Viz 

John  Ballenden,        Clerk,  for  3  years  at    £75  p.  annum. 

John  Bell 

Thomas   Dease  " 

Francis  Ermatinger  '' 

Paul  Eraser  " 

Donald    McKenzie  "' 

John  McLeod  •' 

]\rurdoch  McPlierson  '' 

Donald   Manson  '' 

P.    C.    Pambrun  '' 

Charles  Ross  ' 

Tliomas  Simpson 

William   Sinclair  '' 

John  Tod 

Benjamin   McKenzie,  " 

AVm.  Clouston,  P.Mr. 

Thos.  Isbister,  " 

Serious  inconvenience  to  the  Service  having  in  many  in- 
stance^   arisen   of   late   from    tibe   circumstance    of    Clerks    in 


o 

iUU 

3 

100 

3 

100 

3 

100 

3 

100 

3 

100 

3 

100 

3 

100 

3 

100 

o 

100 

100 

100 

100 

3 

100 

3 

60 

3 

60 

PIONEER    LEGISLATION  707 

distant  parts  of  the  Country  apply'ng-  to  the  Governor  and 
Council  for  permission  to  visit  the  Depot  or  withdraw  from 
the  District  without  having  previously  consulted  the  Commis- 
sioned Gentleman  superintending  the  District  and  to  guard 
against  a  recurrence  of  such  inconvenience,  it  is  Kesolved 

98.  That  no  such  perm'ission  shall  be  granted  in 
future  unless  the  applicant  lirst  submits  his  request  in  writing 
to  the  gentleman  superintending  the  District  to  which  he 
belongs  who  is  hereby  directed  to  report  on  the  same  for  the 
information  of  the  Governor  and  Council. 

99.  That  the  amount  of  requisition  from  England  for  Ship- 
ment 1834  for  Outfit  1835  do  not  exceed  the  sum  of  £15,000 
unless  circumstances  arise  that  cannot  at  present  be  foreseen 
which  may  render  an  alteration  of  the  Indent  absolutely  neces 
sary. 

100.  That  the  annexed  Standing  Rules  and  Regulatiou:^ 
be  considered  in  force  and  be  acted  on  accordingly  until 
rescinded  except  such  as  have  been  altered  by  the  Resolves  of 
Council  of  last  and  the  Current  year  and  that  they  be  revived 
and  corrected  in  the  course  of  the  current  season  at  York  and 
transmitted  to  England  for  confirmation  and  printing. 

101.  That  this  Council  do  now  adjourn. 

(Sigd)      GEORGE  SIMPSOI^,  Governor. 
J.  D.  CAMERO^T,  Chief  Factor. 
ALEXR.  CHRISTIE 
JAS.  McMILLAK, 

Red  River  Settlement,  5th  June,  1833. 

The  Council    again    sat  on  8th  June,   1833.     Present: — 

George  Simpson,  Governor-in-chief. 

J.  D.  Cameron,  Chief  Factor. 

Donald  MaKenzie,  " 

Alexr.  Christie,  " 

Jas.   McMillan, 

A  medical  certificate  l)eing  received  from  Dr.  Hendry  of 
Chief  Factor  ]\rcKenzie's  ill  health  which  renders  it  necessary 
for  him  to  visit  the  civilized  world  to  obtain  tihe  benefit  of 
medical  advice. 

Resolved  1.  That  leave  of  absence  be  granted  to  the  said 
Chief  Factor  McKenzie  for  the  Current  year. 

In  consequence  of  Governor  Simpson  proceeding  to 
Europe  this   season,  the  assistance  of  another  Commissioned 

28159— 45-J" 


T08  CANADIAN    AECHIVES 

Gentleman  will  be  necessary  in  the  Eed  River  Settlement,  it  is 
therefore  Resolved 

2.  That  Chief  Factor  Christie  be  directed  to  leave  York 
Factory  after  the  business  of  the  season  is  over  and  proceed 
thence  to  assume  the  charge  of  Fort  Garry  with  all  the  powers 
lieretofore  vested  in  and  held  by  the  Governor  of  Assiniboia 
for  the  time  being. 

Chief  Factor  Christie's  services  being  for  the  Winter  trans- 
ferred to  the  Red  River  Settlement,  it  is  Resolved 

3.  That  Chief  Trader  Miles  be  appointed  to  the  charge  of 
-York  Factory  and  its  dependencies  as  heretofore  expressed,  as 
Chief  Factor  Christie  will  be  required  in  the  superintendence 
of  the  Depot  business  at  York  during  the  Summer  of  1834,  it 
is  Resolved 

4.  That  Chief  Trader  Todd  shall  proceed  to  Red  River 
Settlement  so  as  to  arrive  there  on  or  before  the  1st  June, 
where  he  will  superintend  the  business  during  the  summer. 

With  reference  to  the  Arctic  Land  Expedition  under  Cap- 
tain Back,  which  has  for  its  object  the  laudable  purpose  of 
endeavoring  to  discover  Capttain  Ross  or  any  survivors  of  his 
party,  it  is  Resolved 

5.  That  every  possible  assistance  be  afforded  to  Captain 
Back,  and  that  the  number  of  men  and  Craft  which  he  may 
require  be  provided,  as  well  as  complying  with  and  completing 
the  Indent  for  Goods  and  Provisions  to  the  utmosti  extent  which 
our  means  will  afford. 

G.   That  this  Council  do  now  adjourn. 

(Sigd)      GEORGE    SIMPSON,    Governor. 
J.  D.  CAMERON,  Chief  Factor. 
DONALD  McKENZIE,       " 
ALEXR.  CHRISTIE, 

JAS.  McMillan,    • 

Red  River  Settlement,  8th  June,  1883. 

Minutes  of  a  Council  held  at  Northern  Department  of 
Rupert's  Land  Red  River,  which  commenced  on  the  3rd  day  of 
June,  one  thousand  eight  hundred  and  thirty-five  for  the  pur- 
pose of  establishing  such  Rules  and  Regulations  as  may  be  con- 
=?idered  expedient  for  conducting  the  business  of  said  Depart- 
ment and  in  order  to  investigate  the  result  of  the  Trade  of  last 
year  conformably  to  the  Provisions  of  a  Deed  Poll  under  the 
seal  of  the  Governor  and  Company  of  Adventurers  trading  into 


PIOiraER   LEGISLATION  709 

Hudson's  Bay  bearing  date  the  26tli  day  of  March  1826  at 
which  were  present  the  following  Members,  viz. : 

George  Simpson,  Governor-in-chief. 

J.  D.  Cameron,  Chief  Factor. 

John  Charles,  do 

Alexr.  Christie,  do 

Wm.  McKintosh,  do 

John  Rowand,  do 

John  Lee  Lewes,  do 

Duncan  Finlayson,  do 

Resolved  1.  That  Chief  Traders  be  invite'd  to  attend  and  in 
consequence  the  following  were  present,  viz.  : 
J.  P.  Pruden. 
Fras.  Heron. 
James  Douglas. 

2.  That  the  Rotations  of  Furlough  for  the  current  year  1835 
are  in  favor  of  Chief  Factors  Alexr.  Christie,  John  McBean 
and  Wm.  McKintosh. 

3.  That  the  rotation  of  Furlough  of  Chief  Factor  Christie 
be  transferred  to  Chief  Factor  Lewes,  that  Chief  Factor  Mc- 
Kintosh take  advantage  of  his  rotation  of  Furlough  and  that 
Chief  Factor  McBean's  rotation  of  Furlough  be  transferred  to 
Chief  Factor  Stewart,  who  was  prevented  by  circumstances 
from  availing  himself  thereof  last  year. 

4.  That  the  rotations  of  Furlough  for  the  current  year  1835 
are  in  favor  of  Chief  Traders  Francis  Heron  and  J.  E.  Har- 
riott. 

5.  That  Chief  Trader  Heron  avail  himself  of  his  rotation 
of  Furlough  accordingly  and  that  Chief  Trader  J.  E.  Harriott's 
services  be  considered  as  disposable,  as  he  has  not  intimated  a 
desire  of  accepting  his  rotation  of  Furlough. 

Information  having  been  received  of  the  ill  health  of  C.F's. 
J.  G.  McTavish  and  P.  W.  Dease,  it  is 

6.  That  Chief  Factors  J.  G.  McTavish  and  P.  W.  Dease  be 
allowed  leave  of  absence  for  the  benefit  of  medical  advice  ac- 
cordingly. 

In  order  to  guard  against  any  misapprehension  with  re- 
spect to  the  Furloughs  for  the  3  ensuing  years,  it  is  Resolved 

7.  That  they  be  considered  as  in  favor  of  Chief  Factors 
William  Conolly,  John  Rowand  and  James  McMillan,  with 
Chief  Traders  Robert  Cowie  and  Donald  Ross  for  1836/37. 
In  favor  of  Chief  Factors  Allan  McDonell,  P.  W.  Dease  and 


710 


CA^'ADIAN    AECHIVES 


John  Lee  Lewes,  with  Chief  Traders  John  Work  and  William 
Todd  for  1837/38 ;  and  in  favor  of  Chief  Factors  Eodk.  Mc- 
Xenzie,  Duncan  Finlayson  and  P.  S.  Ogden,  with  Chief 
Traders  Jas.  Hargrave  and  Nicol  Finlayson  for  1837/38. 

Chief  Factors  J.  D,  Cameron  and  Joseph  Beiolej  having 
expressed  an  anxious  desire  to  obtain  an  exchange  of  Rotation 
of  Furlough,  so  as  to  visit  the  civilized  world  this  year,  and 
Chief  Factors  John  Rowand  and  James  McMillan,  whose  rota- 
tions of  Furlough  will  fall  due  next  year,  being  willing  to  trans- 
fer the  same  to  those  Gentlemen  whose  services  are  not  parti- 
cularly required  in  the  Country  during  the  Current  Outfit,  it 
is  resolved 

8.  That  Chief  Factors  J.  D.  Cameron  and  Joseph 
Beioley  be  at  liberty  to  avail  themselves  of  the  transfer  of  Rota- 
tion of  Furlough  afforded  them  by  Chief  Factors  John  Rowand 
and  James  McMillan  accordingly;  the  latter  Gentlemen  relin- 
quishing by  this  arrangement  their  rights  of  Rotation  next  year. 

9.  That  the  following  Arrangements  take  place,  viz. : — 


Districts. 

Athabasca. 

McKenzies  River. 
English  River. 
Saskatchewan. 

Swan   River. 
Red  River. 
Lac  la   Pluie. 
Jack  River. 
Island  Lake. 
York. 
Columbia. 


Chief  Factors. 
Edward   Smitli. 


Rodk,    McKenzie.' 
John  Rowand. 


Alex.  Christie. 
Allan  McDonell. 

John  Charles. 
Alex.  Christie. 
John  McLoughlin. 
Duncan  Finlayson. 


Xew  Caledonia. 


P.  S.  Ogden. 


Chief  Traders. 

A.  R.  McLeod. 
Colin  Campbell. 
Murdk.   McPherson. 

J.  P.  Pruden. 
J.  H.  Harriott. 
Wm.  Todd. 


Donald   Ross. 


Saml.  Black. 
Archd.  McDonald. 
Robt.  Cowie. 
John  Work. 
John  Tod. 
John  McLeod. 
James  Douglas. 
Alex.  Fisher. 


PIONEER   LEGISLATION  Til 

10.  That  the  following  arrangements  take  place,    viz. : 
Winter  Arrangements — 

Athabasca — Fort  Chippewyan,  Edward  Smith,  C.F. 

Francis  Butcher,  Clk. 
Dunvegan,  Colin  Campbell,  C.T. 

Vermilion,  Chas.  Roussin,  P.M. 

Gt.  Slave  Lake,      A.  R.  McLeod,  C.T. 

11.  That  4  Boats,  29  men  including  Guide  and  about  250 
pieces  Goods  constitute  the  Current  Outfit  for  this  District. 

12.  That  Chief  Factor  Smith  accompany  his  Brigade  to 
Norway  House  Depot  Summer  1836  for  the  purpose  of  attend- 
ina:  to  the  business  of  the  District  and  the  Commissioned  Gentle- 
men Clerks  and  Postmasters  attached  to  the  District  remain  in- 
land and  be  appointed  as  Chief  Factor  Smith  may  consider 
expedient. 

13.  Summer  Arrangements — 

Fort  Chippewyan,  including  Intrs.,  3  men. 
Dunvegan,  including  Intrs.,  2  men. 

Great  Slave  Lake,  including  Intrs.,  2  men. 

14.  That  Chief  Trader  James  Hargrave  take  the  necessary 
measures  to  prepare  and  forward  about  200  pieces  Goods  to 
JsTorway  House  for  Athabasca  Outfit  1836  by  Indians  or  Eed 
Uiver  Carriers, 

15.  That  encouragement  be  afi"orded  for  collecting  as  much 
dressed  Leather  as  possible  and  that  which  cannot  be  brought 
to  the  Depot  be  carefully  laid  past  inland  as  a  large  quantity 
will  be  required  in  the  course  of  2  or  3  years  for  New  Cale- 
donia. 

16.  Winter  Arrangements — 

jMcKenzies  River — Fort  Simpson,  Murdoch  McPherson,  C.T. 

Robt.  Campbell,  P.M. 
Rivre.  au  Liard,  Chas,  Brisbois,  Clk. 
Fort  Halkett,      J.  Hutchison,  Clk. 
Fort  Norman,     Wm.  Mowat,  P.M. 
Ft.  Good  Hope,  John  Bell,  Clk. 

17.  That  about  200  pieces  Goods  in  3  Boats  navigated  by 
22  men  including  the  Guide,  16  of  whom  are  Red  River  men 
hired  for  the  trip  and  5  men  under  contract  as  regular  Servants, 
who  are  intended  for  the  District  in  order  to  replace  such  Ser- 
vants as  may  be  retiring,  constitute  the  Current  Outfit. 

The  late  discovery  of  Mr.  John  McLeod  towards  the  sources 
of  the  East  branch  of  the  Liard  River  and  a  large  river,  named 


712  CANADIAN    ARCHIVES 

Pellj's  River,  falling  from  the  mountains  into  the  Pacific,  pre- 
senting a  field  for  the  extension  of  trade  in  that  quarter,  it  is- 
towards  that  object  and  with  a  view  of  opening  communication 
with  our  Posts  and  Shipping  in  the  coast,  Resolved 

18.  That  the  present  Establishment  of  Fort  Halkett  be 
remove  to  Dease's  Lake,  Summer  1836  if  possible,  and  that 
measures  be  concerted  for  the  purpose  of  establishing  a  new 
Post  on  the  banks  of  that  river,  at  least  200  miles  distant  in 
a  direct  line  from  the  height  of  land  towards  the  Pacific,  in  the 
Summer  of  1837/38. 

19.  Summer  arrangements — 

McKenzies  River — Ft.  Simpson,       Inch  Intr.  2  men. 
Rivre  au  Liard  "         2     " 

Fort   Halkett  "         3     " 

Fort  Norman  "         1     " 

Fort  Good  Hope         "         2     " 

20.  That  Chief  Trader  Murdoch  McPherson  accompany 
the  Brigade  to  Portage  la  Loche  Summer  1836;  and  that  the 
Clerks  and  Postmasters  attached  to  the  District  remain  inland 
and  be  appointed  as  Chief  Trader  McPherson  may  consider 
expedient. 

21.  That  Chief  Trader  James  Hargrave  take  the  necessary 
measures  to  prepare  and  forv/ard  in  the  course  of  this  Summer 
about  250  pieces  Goods  to  Norway  House  for  McKenzies  River 
Outfit  1836;  the  same  to  be  transported  thence  to  Portage  la 
Loche  in  4  Boats  to  start  on  or  before  the  15th  June  manned 
by  a  Guide  &  28  men,  of  whom  20  are  to  be  engaged  for  the 
Trip  at  Red  River,  and  8  are  to  be  under  engagements  of  not 
less  than  3  years  and  to  be  exchanged  at  the  Portage  for  retir- 
ing Servants  from  the  District. 

22.  Winter  Arrangements — 

English  River — Isle  a  la  Crosse,    Rodk.  McKenzie,  C.F. 

Rapid  River,         Geo.  Deschambeault,  Clk. 
Green  Lake,  An  Interpreter. 

Cumberland  Ho.,  George  Gladman,  Clk.,  and 

man. 
Moose  Lake,  Augustin  Nolin,  P.M.,  or 

John  Ballandine. 

23.  That  about  120  pieces  Goods  for  the  3  first  Posts,  and' 
50  pieces  for  the  latter  Posts,  constitute  the  Current  Outfit  from 
,the  District,  to  be  taken  inland  by*  3  Boats  navigated  by  IT- 
Servants  including  the  Guide;  13  of  whom  to  be  distributed' 


PIONEER    LEGISLATION  715 

among  the  3  first  Posts,  and  the  4  remainiuo-  to  be  attached 
to  Cumberland  and  Moose  Lake,  and  as  4  Boats  and  20  meik 
will  be  required  for  the  transport  of  the  Returns,  the  remain- 
ing 3  men  to  be  made  up  of  Indians  engaged  for  the  Trip. 

24.  Slimmer  Arrangements — 

English  River — Isle  a  la  Crosse,      G.  Deschambeault,  Clk.,  and 

2  men. 
Rapid  River,  One  man. 

Cumberland  Ho.,  George  Gladman,  Clk.,  and 

man. 

25.  That  a  quantity  of  dried  provisions  equal  to  80  bags 
Pemican  be  provided  and  forthcoming  for  the  use  of  the  out- 
ward and  inward  bound  ISTorthern  Craft,  Spring  and  Summer 
1836. 

26.  Winter  Arrangements — 

Saskatchewan — Edmonton,  John  Rowand,  C.F. 

Wm.  Thew,  Clerk. 
Carlton,  J.  P.  Pruden,  C.T. 

Rocky  Mountn.  Ho.,     J.  E.  Harriott,  C.T. 

Patk.  Small,  Clk. 
Fort  Assineboine,  An  Interpreter. 

Jasper's  House,  do. 

Lesser  Slave  Lake,        Richd.  Grant,  Clk. 
Fort  Pitt,  Henry  Fisher,  Clk. 

27.  That  about  500  pieces  Goods  in  9  Boats,  manned  by 
46  Servants  belonging  to  the  District,  constitute  the  Current 
Outfit,  and  that  the  crews  be  made  up  of  ingoing  Servants^ 
belonging  to  the  Columbia  District;  and  as  by  the  foregoing 
arrangements  the  Saskatchewan  Brigade  is  relieved  of  the 
Cumberland  transport,  the  Cargoes  from  York  be  made  up  to 
70  pieces  per  Boat  on  Freight  to  ISTorway  House. 

28.  That  600  Bags  Pemican  be  provided  by  the  Saskatche- 
wan District  for  the  service  of  next  year;  140  of  which  to  be 
left  at  Cumberland  and  the  remainder  taken  to  ISTorway  House  ; 
and  thnt  all  the  surplus  Grease  collected  in  the  District  be 
brought  to  the  Depot  in  a  clean  and  rendered  state  for  expor- 
tation, in  packages  of  not  less  than  2  Cwt. 

29.  That  a  Boat  and  2  men  be  left  at  York  for  the  Tmrn'^';'^ 
of  conveying  12  of  the  new  Servants,  coming  from  Europe  by 
the  Ship,  inland  where  it  is  intended  they  shall  pass  the  "Winter 
and  be  brought  to  the  Depot  next  Summer  for  appointments- 
to  other  Districts. 


"71^  CANADIAN    ARCHIVES 

30.  That  the  New  Caledonia  Eequisition  for  Leather  &c. 
be  provided  at  Jasper's  House  to  be  taken  thither  in  the  course 
of  next  Summer  by  5  of  the  recruits  coming  by  the  Ship  and  to 
be  forwarded  as  supernumeraries  this  ensuing  Fall ;  these  men 
to  remain  inland  and  to  be  appointed  to  the  Columbia  Depart- 
ment next  Fall.  That  the  Leather  &c.  to  be  taken  from  Jasper's 
House  to  Tete  Jaune  Cache  by  Servants  that  will  be  appointed 
to  New  Caledonia  District  next  year, 

31.  Summer  Arrangements — 

Saskatchewan — Edmonton,  J.  E.  Harriott,  C.T.,  «fe  10 

men. 
Carlton,  J.  P.  Pruden,  C.T.,  &  7  men 

Ft.  Assineboine,       An  Interpreter  &;  1  man. 
Jaspei's  House,        An  Interpreter  &  1  man. 
Lesser  Slave  Lake,  An  Interpreter  &  2  men. 
Fort  Pitt,  An  Interpreter  &  3  men. 

32.  That  the  Commissioned  Gentlemen,  Clerks  and 
Postmasters  attached  to  this  District  remain  inland  and 
be  appointed  as  the  Chief  Factor  superintending  the  District 
may  consider  expedient  unless  the  services  of  one  or  more 
Clerks  be  required  to  accompany  the  Brigade  to  the  Depot. 

33.  That  the  requisite  number  of  Horses  be  provided  at 
Edmonton  for  the  transport  of  the  Columbia  property  to  Fort 
Assineboine;  the  charge  for  transport  to  be  5/  for  each  piece 
of  90  lbs.  weight,  and  that  Craft  be  always  in  readiness  at  Fort 
Assineboine  and  the  Rocky  Mountain  House  for  the  convey- 
ance of  people  and  property  belonging  to  the  Columbia  Depart- 
ment. 

34.  That  Chief  Factor  Rowand  be  instructed  to  provide 
12  new  P>oats  for  general  distribution  at  Norway  House. 

35.  Winter   Arrangements — 

:Swau  River— Fort  Pelly,  Wm.  Todd,  C.T. 

Charles  Goulet,  P.M. 
Fort  Ellice,  J.  R.  McKay        do 
Manitobah,  Frs.  Richard         do 
Shoal  River  A  Labourer. 

30.  That  about  200  pieces  Goods  constitute  the  Current 
Outfit  for  this  District,  with  15  voyaging  servants,  100  pieces 
of  these  Goods  to  be  taken  up  from  the  Depot  in  2  Boats  for 
the  trade  of  Fort  Pelly,  Manitobah  and  Shoal  River  posts; 
and  the  remainder  to  be  forwarded  to  Red  River  Settlement 
for  the  trade  of  Fort  Ellice,  the  Crews  of  these  Boats    to    be 


PIOXEER    LEGISLATION  715 

made  up  to  6  men  each  by  Trippers  and  Cargoes  to  TO  pieces 
per  Boat  by  Goods  on  Freight  to  Xorway  House. 

37.  That  Chief  Tra^der  Todd  take  the  necessary 
measures  to  provide  300  Bushels  of  Salt  for  the  use  of  Red 
River  Settlement  deliverable  at  the  Xortli  end  of  Manitobah 
Portage  from  whence  it  will  be  removed  in  course  of  the  season ; 
Price  not  to  exceed  8/  per  Bushel. 

38.  Summer  Arrangements- 
Swan  River— Fort  Pelly,  Chas.  Goulet,  P.M.,  &  2  men. 

Fort  Ellice,  J.  R.  McKay,  dp       7  do. 
Manitobah.   Frs.  Richard,  p.M. 
Shoal  River,  A  Labourer. 

39.  Winter  Arrangements- 
Red  River  Settl. — Fort  Garry,  Alexr.  Christie,  C.F. 

Thos.    Simpson,   Clk. 

John  Rowand,  Jr.,  P.M. 

Pierre  LeBlanc,  P.M. 
Xew  Fort,  Hector  McKenzie,  Clk. 
Warden  of  the  Plains,  Cuthbert  Grant. 

40.  That  supplies  for  the  use  of  the  Colony  Shop  and 
Indian  trade,  amounting  to  about  1,200  pieces,  be  provided  and 
forwarded  on  Freight,  and  that  the  Establishment  of  Servants 
be  as  follows,  viz. 

Fort  Garry,  6  men. 
Xew  Fort,  2  men. 

41.  That  the  following  supplies  be  procured  at  the  Colony 
made  up  in  sound  and  tiransportable  packages  at  the  annexed 
prices,  viz. 

50  Firkins  of  Butter  @  7d.  per  lb. 
10  Cwt.  Beef  @  3d.  per  lb. 
800  Cwt  Flour,  1st  and  2nd  Qualities  mixed,  including 
Packing  12/  -  p.  Cwt. 
50  Pork  Hams  @  6d.  p.  lb. 
40  Cwt.  Prime  Cured  Pork  @  3d.  p.  lb. 

42.  That  the  crews  of  8  Boats  be  engaged  for  the 
season  of  open  water  to  be  employed  as  may  be  required  at 
£16  for  Steersmen,  £14  for  Bowsmen  and  £12  for  Middlemen. 

43.  That  20  men  be  engaged  for  the  McKenzie  River  tirans- 
port,  and  other  duties  that  may  be  required  of  them,  for  the 
season  of  Open  water  at  £16  for  Steersmen,  £14  for  Bowsmen 
and  £12  for  Middlemen. 


716  CAXADIAN    ARCHIVES 

44.  Winter  Arrangements — 

Lac  la  Pluie — Fort  Frances,  Allan  McDonell,  C.F. 

Wm.  Sinclair,  Clk. 
White  Fish  Lake,  Thos.  Taylor,  P.M. 
Dallas,  An  Interpreter. 

Fort  Alexander,  Wm.  Clouston,  P.M. 

45.  That  200  pieces  Goods,  with  a  complement  of  12  voyag- 
ing Servants,  constitute  the  Current  Outfit ;  130  pieces  of  these 
Goods  to  be  taken  from  York  to  Norway  House  in  2  Boats 
manned  by  12  voyaging  Servants,  and  the  remaining  70  pieces 
to  be  transported  to  Norway  House  on  Freight,  and  from  Nor- 
way House  the  whole  to  be  transported  in  3  Boats  manned  by 
4  men  each.  The  usual  quantity  of  Country  produce  to  be 
supplied  from  Bed  Biver. 

46.  That  the  sum  of  Three  Hundred  Pounds  Stg.  be  paid 
l)y  draft  on  the  Governor  and  Committee  to  Wm.  A.  Aitkin, 
Esqre. ;  the  American  Fur  Company  having  withdrawn 
during  the  past  Outfit  from  the  frontier  of  the  Lake  Superior, 
Lac  la  Pluie,  Winipeg  and  Bed  Biver  Districts,  conformably 
to  the  terms  of  an  engagement  entered  into  between  Governor 
Simpson  and  Mr.  Aitken,  as  per  correspondence  dated  "'  Bed 
Biver  21st  March,  1833,"  the  said  amount  to  be  charged  to  the 
Lac  la  Pluie  District,  Ot..  1834. 

47.  Summer  Arrangements — 

Lac  la  Pluie — Fort  Frances,       Wm.  Sinclair,  Clk. 

Thos.  Taylor,  P.M. 
N.  Castellain,  Intr.    and  2  men. 
Fort  Alexander,  AVm.  Clouston,  P.M. 

James  Isbister,  P.M.  &  2  men. 

48.  Winter  Arrangements — 

Jack  Biver — Norway  House,  Donald  Boss,  C.T.  &  6  men 

Berens  Biver,  Bobt.  Cummings,  P.M.  &  2  men. 
Nelson  Biver,  Thos  Isbister,  P.M.  &  3  men. 

49.  That  4  voyaging  servants  belonging  tio  the  District 
assisted  by  10  Indians  to  be  engaged  for  the  Summer,  be 
employed  in  making  2  trips  between  York  and  Norway  House, 
with  2  Boats  each  carrying  70  pieces  p.  trip  upwards  or  280 
[-•ieces  in  ^all ;  70  of  which  to  form  the  Outfit  of  the  first  & 
second  Posts,  and  50  pieces  for  the  third  Post;  the  remaining 
160  pieces  Goods  on  Freight.  These  Outfits  to  be  taken  to 
the  difi^erent  Posts  by  Servants  of  the  District  assisted  by 
Indians. 


PIONEEK   LEGISLATION  7l7 

50.  Summer  Arrangements — 

tfack  River — ISTorway  House,  Doncl.  Ross,  C.T.  &  6  men. 
Berens  River,       Robt.  Cummings,  P.M. 
Kelson  River,       1  man. 

Serious  inconvenience  having  been  experienced  from  the 
irregular  practice  which  has  hitherto  been  observed  at  jS^orway 
Hou.-e  of  opening  Accounts  with  other  Establishments  &  ser- 
vant's belonging  to  other  Districts. 

51.  That  with  the  exception  of  Red  River  produce  no  sup- 
plies of  any  description  be  given  either  to  -Districts  or  Servants 
belonging  to  other  Establishments. 

52.  That  Norway  House  be  considered  +he  Depot  of 
Athabasca  District  and  that  the  Outfit  and  supplies  for  Ser- 
vants be  forwarded  from  York  Factory,  the  freight  of  which 
to  be  chargeable  to  Athabasca  District  and  the  Xorway  House 
be  allowed  12^  p.  cent,  advance  upon  York  or  Inventory  prices 
on  sales  to  Servants  in  order  to  cover  all  charges  of  Storage, 
Packing,  &c. 

As  it  is  found  that  much  irregularity  and  inconvenience 
arise  from  the  circumstance  of  Gentlemen  in  charge  of  Bri- 
gades making  up  the  Lading  of  Craft  leaving  ^N^orway  House 
to  York  without  consulting  the  Gentleman  in  charge  of  !N^orway 
House  who  is  in  regular  communication  with  the  Gentleman 
in  charge  of  York  Depot  on  the  subject,  it  is  Resolved 

53.  That  in  order  to  guard  against  a  recurrence  of  sucli 
irregularity  and  inconvenience  the  ladings  of  all  downgoing 
Craft  from  ISTorway  House  to  York  be  regulated  in  regard  to 
the  description  of  Cargo  by  the  Gentleman  in  charge  of  i^or- 
way  House  who  must  prepare  correct  Bills  of  Lading 
of  all  buch  Cargoes  amounting  to  65  pieces  from  l^or- 
way  House,  5  of  which  to  be  left  at  Oxford  and  the  remaining 
60  delivered  at  York  one  Copy  of  the  Bills  of  Lading  to  be 
forwarded  with  the  Craft  to  York  and  another  to  be  retained 
at  Norway  House. 

54.  That  the  two-decked  vessels  be  laid  up  for  the  ensuing 
Winter  at  Red  River  and  the  Crews  employed  there  as  may 
be  required. 

55.  Winter  Arrangements — 

Island  Lake — Oxford  House,  John  Charles,  C.F. 
Island  Lake,       Wm.  McKay,  P.M. 

56.  That  about  80  pieces  Goods  to  be  transported  from  the 
Depot  in  a  Boat,  manned  by  1  men,  constitute  the  Current  Out- 
fit of  this  District. 


718  CAXADIAX    AKCHIVES 

Resolved  57.   Smnuier  Arranoements — 
Island  Lake — Oxford  House,  AVm.  McKay,  P.]\r.  &  1  man. 
Island  Lake,       1  man. 

58.  That  Chief  Factor  John  Cliarles  be  directed  to  employ 
■i  Boats,  manned  by  32  Indians  and  a  Guide,  in  performing  a 
double  trip  between  the  Depot  and  Norway  House,  in  the 
transport  of  Goods  and  Returns;  the  lading  of  each  Boat  up- 
wards p.  trip  to  be  80  and  doAvnwards  TO  pieces;  5  of  which 
to  be  left  at  Oxford  House  and  the  remaining  65  ps.  p.  Boat 
to  be  deliverable  at  York. 

59.  Winter  &  Summer  Arrangements — 
"^'ork — York  Factory,  James  Hargrave,  C.T. 

John  Ballenden,  Clerk. 

E,  H.  Whiffen,  Surgeon. 

Joseph  Charles,  Clk. 

Wm.  :\rcTavish,  Clk. 

John  Rendall,  P.M. 
Churchill,  Robert  Harding,  Clk. 

Severn,  Robert  Wilson,  P.^M. 

60.  That  Chief  Factor  Christie  be  directed  to  conduct  the 
Summer  Depot  business  as  usual;  and,  owing  to  the  very  irre- 
gular manner  in  which  the  Pack  store  business  has  been  con- 
ducted during  the  3  past  years,  that  Chief  Factor  Charles  be 
i;ppointed  to  the  management  of  that  Department;  during  the 
ensuing  Summer,  and  that  Chief  Factor  Christie  be  authorized 
to  .avail  himself  of  the  services  of  the  2  most  efficient  Clerks, 
who  may  visit  York  this  season  to  attend  to  the  business  of  the 
Sale  Shops,  which  have  by  no  means  been  in  a  regular  State  of 
late. 

61.  That  30  men  including  Mechanics  constitute  the  Win- 
ter &  Summer  Establishment  of  York  Factor3^ 

62.  That  a  scale  of  allowances  forwarded  by  Gov- 
ernor Sinij^son  to  the  depots  in  the  Northern,  Southern,  Mon- 
treal and  Columbia  Departments  last  winter  be  hereafter  acted 
on ;  likewise  the  instructions  contained  in  that  Gentleman's 
circular  of  15th  December  1834  on  the  same- subject,  addressed 
to  the  Gentlemen  in  charge  of  those  Depots. 

63.  That  4  men  constitute  the  Summer  Establishment  of 
Churchill,  with  an  Outfit  amounting  to  about  100  pieces  Goods 
&  Provisions,  and  in  order  to  encourage  the  Oil  Trade,  the 
Frnncrs  Schooner  be  attached  to  that  Post ;  the  Master  and  Crew 
of  5  men,  including  a  Cr>o})er,  with  one  man  belonging  to  the 


PIONEEK    LEGISLATION 


719' 


Post,  to  be  employed  during  the  months  of  June  and  July  in 
fishing  and  preparing  the  Oil  at  Seal  Rivier;  in  August  the 
Vessel  to  proceed  to  York  with  the  Returns  thence  to  Severn 
with  the  Outfit  for  that  Post  and  for  the  Returns,  which  are 
to  be  taken  to  the  Depot,  where  the  Schooner  will  be  employed 
until  the  15th  September  in  discharging  and  re-loading  the 
Ship  from  Europe,  and  then  return  to  Churchill  with  the  Outfit 
cf  that  Post,  where  she  will  be  laid  up  for  the  Winter,  and  the 
Master  and  Crew  be  employed  as  the  Clerk  in  charge  maj  con- 
sider expedient. 

64.  That  60  pieces  Goods  &  Provisions,  with  three  Servants,. 
constitute  the  Current  Outfit  of  Severn,  and  that  Robert  Wil- 
j-on,  Postmaster,  with  one  of  these  Servants,  remain  at  the  Post,, 
during  the  Summer,  and  the  other  two  proceed  to  York  early 
in  June,  for  the  purpose  of  being  employed  there  during  the 
Summer. 

65.  Columbia  Arrangements — 

Fort  Vancouver — John  McLoughlin,   C.F. 
Duncan  Finlayson,   C.F. 
Robert   Cowie,    C.    Trader. 
James  Douglas,  C.  Trader. 
George  T.  Allan,  Clerk. 
Benjamin   McKenzie,    Clerk. 
Meredith   Gardner,   M.D. 

Archd.   McDonald,   C.   Tader. 

Alexander  Anderson,  Clerk. 

Fras.  Ermatinger,  Clerk. 

Samuel  Black,  C.  Trader. 

An  Interpreter. 

P.  C.  Pambrum,  Clerk. 

Wm.  Kitson,  Clerk. 

Whitby's  Tsld.,  J.  M.  Yale,  Clerk.. 

James  Birnie,  Clerk. 

John  Kennedy,  Surgeon. 
Fort  McLoughlin  (Millbank) —  Dond.  'Manson,  Clk. 

Wm.  T.  Tolmie,  Surgeon. 

John  McLeod,  C.  Trader. 

Michel  Laframboise,  Intr. 

John  Work,  C.  Trader. 

John  Tod,  C.  Trader. 

W.  G.  Rae,  C.  Trader. 

Chas.  Kippling,  Commander. 

George  Langley,  1st  Mate. 
2nd  Mate. 


Fort  Colville— 
Coutanais  Post — 
Flatheads  Post — 
Thompson  River- 
Okanagan — 
j^ez  Percez — 
]^isqually — 
Fort  Langley — 
Fort  Simpson 


(Xass) 


Lanpqua  Expedition — 

Coasting  Trade — 
Disposable — 

Shipping — Drydale, 


720  CANADIAN    ARCHIVES 

Lama,  Wm.  H.  MciSTeil,  Coininander. 

Jas.  Scarborough,  1st  mate. 

Alexr.  Lattey,  2nd  mate. 
Cadhoro,  Alexr.  Duncan,  Commander. 

Wm.  Heath,  1st  Mate. 

James  Sangster,  2ird  Mate. 

66.  That  it  be  discretionary  with  Chief  Factor  McLoughlin 
to  make  the  appointments  of  those  Gentlemen  as  he  may  con- 
sider expedient. 

67.  That  12  men  be  provided  for  this  District,  to  accom- 
pany the  Saskatchewan  Brigade  under  the  charge  of  Chief 
Factor  Rowand  until  they  reach  Edmonton,  and  from  thence 
proceed  under  the  charge  of  Chief  Factor  Finlayson  to  Van- 
couver, unless  he  may  receive  instructions  from  Chief  Factor 
McLoughlin  en  route,  by  which  he  will  regulate  his  movements. 

Q^.  That  Chief  Factor  McLoughlin  take  the  necessary 
steps  to  employ  the  shipping  in  the  coasting  and  timber  trade 
and  to  carry  into  effect  tihe  object  noticed  in  the  Governor  & 
Committee's  Dispatch  of  10th  December  1834  and  in  Governor 
Simpson's  letter  of  June  1835. 

69.  New  Caledonia  Arrangements — 

Stuarts  Lake,  P.  S.  Ogden,  Chief  Factor. 

John  McLean,  Clerk. 

Frazers  Lake,  Donald  McKenzie,  Clerk. 

McLeods  Lake,  Paul  Fraser,  Clerk. 

Alexandria,  Alexr.  Fisher,  Chief  Trader. 

Chilcotens,  Wm.  F.  Lane,  Clerk. 

Babines,  Wm.  McBean,  P.M. 

Conollys  Lake,  Thomas  Dease,  Clerk. 

Fort  George,  George  Linton,  Clerk. 

Disposable — John  Mcintosh,  Clerk. 
Archd  McDonald,  Clerk. 

70.  That  iti  be  discretionary  with  Chief  Factor  Ogden  to 
make  the  appointments  of  these  Gentlemen  as  he  may  consider 
expedient. 

71.  That  5  men  be  provided  for  this  District  to 
be  forwarded  by  the  Columbia  Brigade,  to  replace  the  retiring 
servants  from  this  District,  and  that  they  proceed  via  Thomp- 
sons Bivor,  Okanagan  and  Alexandria. 

72.  Tliat  Chief  Trader  Ogden's  requisition  for  leather  &c. 
for  the  use  of  New  Caledonia  District  be  provided  at  Jasper's 
House  by  Chief  Factor  Bowand,  and  be  forwarded  bv  the  in- 


PIONEEE    LEGISLATION  721 

going  Servants  of  next  year  to  Tete  Jaune  Cache,  where  they 
are  to  meeti  a  Canoe  in  the  Autumn  from  New  Caledonia  for 
the  purpose  of  transporting  it  thither. 

With   reference   to  further   arrangements   connected   with 
tiie  Columbia  Department  generally,  it  is  Resolved 

73.  That  the  same  be  determined  by  letter  to  be  written 
by  Governor  Simpson  to  the  Chief  Factors  superintending  the 
Columbia  &  New  Caledonia  affairs. 

74.  That  the  annual  allowance  to  the  Catholic  IMission  of 
Eed  River  Settlement  be  increased  to  £100,  and  that  the  usual 
supplies,  of  Tea,  Sugar,  Wine,  &c.,  for  the  use  of  the  Mission 
be  oontiinued.  '  '■ 

75.  That  a  further  grant  of  £100  be  made  to  the  Catholic 
Mission  of  Red  River  Settlement,  in  aid  of  the  Church  now 
being  erected  at  that  place. 

The  allowance  of  £50  p.  annum  usually  given  to  Dr.  Bunn 
for  medical  advice  to  the  Honble  Company's  Establishment  at 
Red  River,  the  retired  servants  who  cannot  afford  to  pay  for 
such  and  all  other  Pauper  Settlers,  being  insufficient  to  remu- 
nerate him  for  the  time  and  attention  devoted  to  such  profes- 
sional duty,  it  is  Resolved 

75.  That  the  allowance  usually  given  to  Dr.  Bunn 
for  such  services  be  increased  to  £100  p.  annum  com- 
mencing with  the  Outfit  terminating  1st  Inst. 

The  very  great  benefits  that  are  likely  to  arise  connected 
with  the  objects  of  morality,  religion  and  education  not  only 
in  Red  River  but  through  the  Country  at  large,  from  the  highly 
respectable  and  admirably  conducted  Boarding  School,  lately 
established  for  the  instruction  of  the  youth  of  both  sexes  under 
the  management  of  the  Revd.  Mr.  Jones,  excites  feelings  of  the 
most  lively  interest  in  its  favor,  and  of  great  solicitude  for 
its  prosperity  and  success,  which  even  in  a  business  point  of 
view  are  very  desirable  from  the  large  amount  of  Capital  it 
brings  into  circulation,  while  it  is  highly  creditable  to  the 
Country  and  honourable  to  the  Gentlemen  who  have  come  for- 
ward so  handsomely  in  its  support ;  but  it  is  with  unfeigned 
regret  we  observe  that,  owing  to  the  heavy  expense  incurred  by 
Mr.  Jones  in  erecting  the  necessary  buildings  for  this  Sem- 
inary, it  cannot  possibly,  at  the  present  charge  for  board  & 
education,  afford  remuneration  adequate  to  the  labour  bestowed 
by  Mr.  Jones  upon  it  and  the  outlay  of  money  it  has  occasioned 
to  him ;  and  as  an  increased  charge  for  Board  and  Education 
might  operate  to  the  prejudice  of  this  Establishment  in  its 
infant  state,  it  is  Resolved 
28159—46 


722  canadiajst  aechives 

77.  That  an  allowance  be  made  to  the  Eevd.  Mr.  Jones  of 
£100  p.  annum  in  aid  of  this  highly  promising-  establishment 
subject  to  the  approbation  of  the  Governor  and  Committee,  and 
it  is  further  Resolved 

78.  That  a  vote  of  thanks  be  presented  to  Mr.  & 
Mrs.  Jones,  for  the  readiness  with  which  they  entered  into  the 
views  and  wishes  of  the  Gentlemen  in  the  Country,  when  re- 
quested to  undertake  the  formation  of  such  an  establishment, 
for  the  deep  and  lively  interest  they  take  in  the  improvement, 
and  for  the  unremitting  attention  they  pay  to  the  health  and 
comfort  of  the  young  folk  entrusted  to  their  care. 

79.  That  a  grant  of  £300  be  made  towards  the  expenses  of 
building  a  gaol  about  to  be  erected  at  Red  River  Settlement 
and  in  aid  of  other  Public  Works  in  progress  there. 

80.  That  the  engagement  of  John  Ballenden  Clerk  be  re- 
newed for  a  term  of  3  years  from  the  1st  June  1834  at  a  salary 
of  £100  p.  annum  and  that  the  engagements  of  the  undermen- 
tioned Clerks  and  Postmasters  be  renewed  from  the  1st  June 
1835  for  a  term  of  3  years  at  the  salaries  affixed  to  their  names 
respectively,  viz. : 

George  T.  Allen,  Clerk  at  £100  p.  annum. 

James  Birnie  "  "  100  " 

Henry   Fisher  "  "  100  " 

Richard  Grant  "  "  100  " 

John   Hutchison  "  "  100  " 

Wm.   F.   Lane  "  "  100  " 

George  Linton  "  "  100  " 

John   McLean  "  "  100  " 

James  M.  Yale  "  "  100  " 

Robert  Cummings  P.M."  40  "         " 

Pierre   LeBlanc  "  "  75   " 

John  R.  McKay  "  "  50  " 

Wm.    McKay  "  "  50  " 

John  Randall  "  "  50  " 

Robert  Wilson  "  "  40  " 

81.  That  the  engagement  of  the  undermentioned  Clerks 
and  Postmasters  be  renewed  for  a  term  of  3  year?  from  1st 
June  1836  at  salaries  affixed  to  their  names  respectively 

Joseph  Charles,  Clerk  at  £100  p.  annum. 
Robert;  Harding   "       "     100  " 
Charles  Goulet,  P.M.     "       35  " 
Wm.    McBean       "       "       50  "         " 
Francois  Richard  "       "       25  " 


PIONEER   LEGISLATION  723 

82.  That  a  gratuity  of  £50  be  given  to  John  Rendall  for. 
his  exertions  in  repairing  the  Ship  Prince  Rupert  at  Churchilly 
Summer  1834. 

83.  That  the  amount  of  requisition  from  England  for  shipr 
ment  in  1836  Outfit  for  1837  do  not  exceed  the  sum  of  £28,000 
sterling. 

84.  That  no  servants  be  permitted  to  settle  at  Red  River 
Colony  unless  they  become  purchasers  from  the  proprietors  of 
soil  of  at  least  50  acres  of  land  at  7/6  per  acre,  payment  there- 
of to  be  deposited  with  the  Gentlemen  in  charge  of  the  Depots 
to  which  they  have  been  attached  previous  to  their  departure 
from  the  Settlement. 

85.  That  a  Winter  Express  from  the  Depot  and  the  In- 
terior be  appointed  to  meet  at  Carlton ;  the  one  to  proceed 
northward  via  Isle  a  la  Crosse  and  Athabasca,  and  the  other 
southward  via  Fort  Pelly  and  Norway  House,  and  that  all  pri- 
vate letters  conveyed  by  the  ship  be  forwarded  from  the  Depot 
to  ISTorway  House  or  Cumberland  before  the  closing  of  the 
navigation. 

86.  That  the  Gentlemen  in  charge  of  Lake  Superior  Dis- 
trict be  instructed  to  forward  a  Packet  from  the  Sault  St. 
Marys  to  Red  River  on  the  1st  February,  with  all  letters  and 
papers  that  may  be  collected  at  the  Sault  or  elsewhere  within 
his  charge  previous  to  that  date ;  and  that  no  other  Express  be 
forwarded  unless  rendered  necessary  by  very  important  cir- 
cumstances, and  that  one  Packet  be  sent  only  from  Red  River 
to  the  Southern  Department,  Canada  and  England,  after  th.e 
close  of  the  navigation  which  is  to  be  dispatched  on  the  1st 
December,  unless  urgent  business  should  render  more  frequent 
communications  necessary. 

87.  That  the  Old  Standing  Rules  and  Regulations  be  res- 
cinded; that  those  which  are  annexed  be  considered  in  force 
and  tihat  they  be  transmitted  to  England  for  confirmation  and 
printing. 

Minutes  of  Council  1836. 

Minutes  of  Council  held  at  ITorway  House  I*^orthern 
Department  of  Rupert's  Land  on  the  21st  day  of  June,  One 
Thousand,  Eight  hundred  and  thirty  six  for  the  purpose  of 
establishing  such  Rules  and  Regulations  as  may  be  considered 
expedient  for  conducting  the  business  of  said  Department  and 
in  order  to  investigate  the  result  of  the  Trade  of  last  year,  con- 

28159— 46i 


'■/24  CANADIAN    AKCHIVES 

formably  to  the  Provisions  of  a  Deed  Poll  under  the  seal  of 
The  Governor  &  Company  of  Adventurers  of  England  trading 
into  Hudsons  Bay  bearing  date  the  26th  day  of  June  One 
Thousand  Eight  Hundred  and  Thirty  Four,  at  which  were 
present  the  following  Members,  viz: 

George  Simpson,  Governor  in  Chief. 

John  Charles,         Chief  Factor. 

John  Rowand,  Do 

Allan  McDonell,  Do 

Peter  W.  Dease,  Do 

Donald  Ross,         Chief  Trader. 

Wm.  Todd,  Do 

Richard  Grant,  Do 

Resolved  1.  That  the  rotations  of  Furlough  for  the  Cur- 
rent year  1836  are  in  favor  of  Chief  Factors  William  Conolly, 
John  Rowand  and  James  McMillan. 

2.  That  Chief  Factors  Rowand  and  McMillan  having  been 
allowed  last  year  to  transfer  their  rotations  of  Furlough  in 
advance  for  the  Current  year  to  Chief  Factors  J.  D.  Cameron 
and  Joseph  Beioley,  they  are  no  longer  at  liberty  to  avail  them- 
selves of  such  rotations;  their  services  are  therefore  disposable 
for  the  Current  Outfit,  and  Chief  Factor  Conolly  having 
declined  availing  himself  of  his  rotation  of  Furlough,  his  ser^ 
vices  are  likewise  disposable  and  are  accordingly  made  applica- 
ble to  the  Montreal  Department. 

3.  That  the  rotations  of  Furlough  for  the  Current  year 
1836  are  in  favor  of  Chief  Traders  Robert  Cowie  and  Donald 
Ross. 

4.  That  Chief  Trader  Robert  Cowie  avail  himself  of  his 
rotation  of  furlough  accordingly,  and  that  Chief  Trader  Donald 
Ross  be  permitted  to  transfer  his  Rotation  of  Furlough  to  Chief 
Trader  Richard  Grant. 

In  order  to  guard  against  any  misapprehension  with  respect 
to  the  Furloughs  for  the  3  ensuing  years,  it  is  Resolved 

5.  Tliat  they  be  considered  as  in  favor  of  Chief  Factors 
Allan  McDonell,  Peter  W.  Dease  and  John  Lee  Lewes,  with 
Chief  Traders  John  Work  and  William  Todd  for  183Y/38 ;  in 
favor  of  Chief  Factors  Roderick  McKenzie,  Duncan  Finlayson, 
and  Peter  Skene  Ogden,  with  Chief  Traders  James  Hargrave 
and  Nicol  Finlaj'son  for  1838/39;  and  in  favor  of  Chief 
Factors  eT.  P.  Pruden,  Alexr  Rodk  McLeod  and  Colin  Robert- 
son, with  Chief  Traders  Richard  Hardisty  and  John  Tod  for 


PIONEER    LEGISLATION 


725 


1839/40;  but  as  Chief  Factor  Allan  McDonell  in  1834/35, 
Peter  W.  Dease  and  J.  Lee  Lewes,  1835/36,  likewise  C.  T.  John 
Tod  in  1835/36  have  been  absent  from  the  Service,  either  on 
exchanges  of  Furlough  or  on  account  of  ill  health,  they  be  not 
allowed  to  take  advantage  of  the  rotation  of  Furlough  above 
stated. 

6.  That  an  extension  of  Furlough  or  leave  of 
absence  be  accorded  to  Chief  Factors  Colin  Robertson,  John 
Stuart,  James  Keith  and  Joseph  Beioley  .and  to  Chief  Trader 
Todd  until  the  25th  April  1837,  when  they  are  hereby  required 
to  present  themselves  at  Lachine  for  the  purpose  of  proceeding 
to  such  Wintering  grounds  as  they  may  hereafter  be  appointed 
to,  either  by  the  Governor  and  Committee  or  by  Governor 
Simpson,  in  the  absence  of  further  instructions  from  either  the 
Council  of  the  JSTorthern  or  Southern  Department  on  this  sub- 
ject; and  with  regard  to  Chief  Factor  Colin  Robertson  it  is  to 
be  understood  and  intimated  to  him  that,  should  his  services 
not  be  available  next  season  at  the  date  aforementioned,  he  will 
be  considered  as  having  retired  from  the  Fur  Trade. 

7.  That  an  extension  of  Furlough  for  the  Current  Outfit 
1836/37  be  afford  to  Chief  Factor  William  McKintosh,  in  con- 
sideration of  his  having  given  his  resignation  from  the  Ser^nce 
to  commence  with  the  1st  June  1837 — say  Outfit  1837/38. 

8.  That  as  Chief  Factor  John  Lee  Lewes  and  Chief  Trader 
Francis  Heron  will  be  coming  out  by  the  Ship  and  will  arrive 
too  late  to  render  their  services  available  for  the  Current  Out- 
fit, they  be  allowed  leave  of  absence  until  the  1st  June  1837 
and  that  they  be  provided  with  passage  to  Red  River,  there  to 
Winter  at  their  oavu  expense. 

9.  That  the  following  appointments  take  place. 


Districts. 
Athabasca. 

McKenzies  River, 
English  River. 
Saskatchewan. 

Swan  River. 
R.  River  Settlemt. 
Lac  la  Pluie. 
Jack  River. 
Islquf]   Lake. 


Chief  Factors.  Chief  Traders. 

Edward  Smith,  C.F.  Colin  Campbell,  C.F 
Alexr  R.  McLeod. 

M.  McPherson. 
Rodk  j\IcKenzie. 
J.  Row  and. 
J.  P.  Pruden. 


Alexr.  Christie. 
Allan  McDonell. 

iJohn  Charles. 


J.  E.  Harriott. 
AVilliam  Todd. 

Donald  Ross. 


'26 


CANADIAN    ARCHIVES 


York  Factory. 
Columbia. 


New  Caledonia.  . 
-Arctic  Exploring 
Expedition   .  .    .  . 


James  Hargrave.         George  Gladman. 


John  McLonghlin. 
Duncan  Finlayson. 


P.  S.  Ogden. 
|P;  W.  Dease. 


Saml.  Black. 
Archd  McDonald. 
John  Work. 
J.-McLeod,  Jnr. 
Jas.  Douglas. 
Alexr.  Fisher. 


10.  That  the  following  arrangements  take  place,  viz: 


Winter  Arrangements — 
Athabasca — Fort  Chippewyan, 

Dunvegan, 
Vermilion, 
Gt.  Slave  Lake, 


Edwd.  Smith,  C.F. 
Fras.  Butcher,  Clk. 
Colin  Campbell,  C.T. 
Chas.  Koussin,  P.M. 
A.  R  McLeod,  C.F. 


11.  That  4  Boats,  29  men  including  a  Guide,  and  about  250 
pieces  Goods  constitute  the  Current  Outfit  for  this  District. 

12.  That  Chief  Factor  Smith  accompany  his  Brigade  to 
Norway  House  Depot  Summer  1837,  for  the  purpose  of  attend- 
ing to  the  business  of  the  District,  and  that  the  Commissioned 
Gentlemen,  Clerks  and  Postmasters  remain  inland  and  be 
appointed  as  C.F,  Smith  may  consider  expedient. 

The  encouragement  afforded  by  Athabasca  and  McKenzies 
River  Districts  for  the  assembling  of  Indians  in  large  bodies 
at  Portage  la  Loche,  being  found  exceedingly  injurious  to 
English  River  District  and  likely  to  become  dangerous  to  the 
passing  Brigades,  it  is  Resolved 

13.  That  the  Gentlemen  in  charge  of  Brigades  be- 
longing to  those  Districts,  be  strictly  prohibited  from  afford- 
ing any  such  encouragement  in  future,  either  by  payment  on 
public  account  or  by  private  payments  on  the  part  of  the  people 
for  assistance  in  transporting  the  Outfits  or  returns  on  that 
Portage. 

14.  Summer  Arrangements — 
Athabasca — Fort  C^hippewyan,  3  men  incg  Intr. 

Dunvegan,  2     "       "      do 

Vermilion,  2      "       "     do 

Gt.  Slave  Lake,      2      "       "      do 


PIONEEB   LEGISLATION  Y27 

15.  That  Chief  Trader  Hargrave  take  the  necessary  mea- 
sures to  prepare  and  forward  about  200  pieces  Goods  to  Nor- 
way House,  for  Athabasca  Outfit  1837,  by  Indians  or  Red 
River  Carriers. 

16.  That  encouragement  be  afforded  for  collecting  as  much 
dressed  leather,  sinews,  babiche  and  packcords  as  possible  and 
that  what  cannot  be  brought  to  the  Depot  be  carefully  laid  past 
inland  as  a  large  quantity  will  be  required  in  the  course  of  2 
or  3  years  for  Kew  Caledonia. 

17.  Winter  Arrangements — 

McKenzies  River — Fort  Simpson,  Murh  McPherson  C.T. 

Robt.  Campbell  P.  M. 

Adam  McBeath      do 
Rivre  au  Liard,  Chas.  Brisbois  Clk. 
Fort  ISTorman,  William  Mowat  P.  Mr. 
Ft.  Good  Hope,  John  Bell  Clk. 
Fort  Halkett   (removed  to  Dease's  Lake) 

John  Hutchison  Clk. 

18.  That  about  250  pieces  goods  in  4  boats  navigated  by 
32  men  including  the  guide,  25  of  whom  are  Red  River  men 
hired  for  the  trip  and  8  men  under  contract  as  regular  servants 
who  are  intended  for  the  District  in  order  to  replace  retiring 
&  deceased  servants,  constitute  the  Current  Outfit. 

The  Governor  and  Committee  being  desirous  that  a  Post 
should  be  established  as  early  as  possible  on  Pelly's  (supposed) 
Stikine  River  falling  into  the  Pacific,  for  the  purpose  of  inter- 
cepting the  valuable  trade  which  now  finds  its  way  to  the  Coast 
and  there  falls  into  the  hands  of  the  Russians  and  Americans 
It  is  resolved, — 

19.  That  an  officer  and  6  men  be  forwarded  with  Outfit 
1837,  in  order  to  enable  Chief  Trader  McPherson  to  establish 
a  post  to  be  called  Fort  Drew  in  the  Summer  of  1838  down  that 
river  at  a  distance  of  at  least  200  miles  from  Dease's  Lake. 

20.  Summer  Arrangements — 

McKenzies  River — Ft.  Simpson,  2  men  including  Intr. 

Rivre  au  Liard,  2  men  including  Intr. 
Ft.  Halkett,  3  men  including  Intr. 

Ft.  ISTorman,         1  man  including  Intr. 
Ft.  Good  Hope,  2  men  including  Intr. 

21.  That  Chief  Trader  McPherson  accompany  his  Brigade 
to  Portage  la  Loche,  Summer  1837,  and  that  Clerks  and  Post- 


728  CANADIAN    ARCHIVES 

masters  attached  to  the  District  remain  inland  and  be  appoint- 
ed as  C.  T.  Murdoch  McPherson  may  consider  expedient. 

22.  That  Chief  Trader  James  Hargrave  take  the 
necessary  measures  to  prepare  and  forward  in  the  course  of  the 
Summer  about  250  pieces  goods  to  ISTorway  House  for  Mc- 
Kenzies  River  Outfit  1837 ;  the  same  to  be  transported  thence 
for  Portage  la  Loche  in  4  boats  to  start  on  or  before  the  IStli 
June,  manned  by  a  guide  and  32  men ;  of  whom  24  are  to  be 
engaged  for  the  trip  at  Red  River ;  4  servants  under  engage- 
ments of  not  less  than  3  years,  to  replace  retiring  servants,  and 
the  remaining  4  to  form  part  of  the  establishment  of  Fort  Drew, 
as  provided  in  the  19th  Resolution. 

In  order  to  save  the  heavy  expense  incurred  by  Canadian 
servants  coming  out  too  late  to  retire  to  Canada  the  same  sea- 
son, it  is  Resolved 

23.  That  in  future  European  servants  only  be  sent  into 
McKenzies  River,  who  when  they  retire  will  always  reach  York 
Factory  in  time  to  return  to  England  by  the  ship. 

24.  Winter  Arrangements — 

English  River — Isle  a  la  Crosse,  Rodk.  McKenzie  C.F. 
Rapid  River,  Geo.  Deschambault  Clk. 
•     Green  Lake,  Thos.  Hodgson. 
Cumberland,  Chas.  Ross  Clerk 
Moose  Lake,  John  Ballendine  P.M. 

25.  Tliat  about  120  pieces  goods  for  the  three  first  Posts 
and  50  pieces  for  the  two  last  Posts  constitute  the  Current  Outfit 
for  this  District,  to  be  taken  inland  by  3  boats  navigated  by  17 
servants  including  the  guide,  13  of  whom  to  be  distributed 
among  the  3  first  Posts  and  the  remaining  4  to  be  attached  to 
Cumberland  and  Moose  Lake,  and  as  4  boats  and  20  men  will 
be  required  for  the  transport  of  the  returns  the  remaining  3 
men  to  be  made  up  by  Indians  hired  for  the  trip. 

26.  Winter  Arrangements — 

English  River — Isle  a  la  Crosse,    Geo.  Deschambault  &  2  men. 
Rapid  River,         1  man. 
Cumberland  Ho.,  Clerk  &  1  man. 

27.  That  a  quantity  of  dried  provisions  equal  to  80  bags 
Pemican  be  provided  and  fortlicoming  for  the  use  of  the  out- 
ward and  inward  bound  I^orthern  Craft,  Spring  and  Summer 
1837. 


PIONEER    LEGISLATION  729 

28.  Winter  Arrangements — 

Saskat(3hewan — Edmonton,  John  Rowand,  C.F. 

William  Thew,  Clerk. 
Carlton,  J.  P.  Priiden,  C.T. 

Rocky  Mtn.  Ho.,      J.  E.  Harriott,  C.T. 

Patk.  Small,  Clerk. 
Fort  Assineboine,     John  Rowand,  Jr.,  P.M. 
Jasper's  House,        An  Interpreter. 
Lesser  Slave  Lake,  Geo.  McDougall,  Clk. 
Fort  Pitt,  Henry  Fisher  Clk. 

29.  That  about  500  pieces  goods  in  9  boats  manned  by  40 
servants  belonging  to  the  District,  constitute  the  Current  Outfit 
and  that  the  crews  be  made  up  by  ingoing  servants  belonging 
to  the  Columbia  and  JSTew  Caledonia  Districts ;  and  as  by  the 
foregoing  arrangements  the  Saskatchewan  Brigade  is  relieved 
of  the  Cumberland  transport,  the  cargoes  from  York  to  be 
made  up  to  70  pieces  goods  per  boat  in  freight  to  ISTorway 
House. 

30.  That  600  bags  Pemican  be  provided  by  the 
Saskatchewan  District  for  the  service  of  next  year,  100  bags 
of  which  to  be  left  at  Cumberland  and  the  remainder  taken  to 
ISTorway  House,  and  that  all  the  surplus  grease  collected  in  the 
District  be  brought  to  the  Depot  in  a  clean  and  rendered  state 
for  exportation. 

31.  That  a  boat  and  2  men  be  left  at  York  for  the  purpo^- 
of  conveying  12  of  the  Servants,  coming  from  Europe  by  the 
ship,  inland  where  it  is  intended  they  shall  pass  the  Winter  and 
be  brought  to  the  Depot  next  Summer  for  general  distribution. 

32.  That  the  New  Caledonia  requisition  for  leather  &c.  be 
provided  at  Jasper's  House ;  to  be  taken  thither  in  the  course 
of  next  Summer  by  six  of  the  recruits,  coming  by  the  ship,  and 
to  be  forwarded  as  supernumeraries,  this  ensuing  Fall ;  these 
men  to  remain  inland  and  to  be  appointed  to  the  Columbia 
Department  next  year;  the  leather  to  be  transported  from 
Jasper's  House  by  the  Columbia  Portage  to  Okanagan. 

33.  Summer  Arrangements — 

Saskatchewan- — Edmonton,  J.  E.  Harriott,  C.T. 

Patk.  Small,  Clk.  &  12  men. 
Carlton,  J.  P.  Pruden,  C.F.  &  7  men 

Fort  Assineboine,    An  Interpreter  &  1  man. 
Lesser  Slave  Lake,  William  Thew,  Clk  &  2  men. 
Fort  Pitt,  Henry  Fisher,  Clk  &  4  men. 


730  CANADIAN    ARCHIVES 

34.  That  all  Commissioned  Gentlemen,  Clerks  and  Post- 
masters attached  to  the  District  remain  inland  and  be  appointed 
as  the  Chief  Factor  superintending  the  District  may  consider 
expedient  unless  the  services  of  one  or  more  Clerks  be  required 
to  accompany  the  Brigade  to  the  Depot. 

35.  That  the  requisite  number  of  horses -be  provided  at 
Edmonton  for  the  transport  of  the  Columbia  property  to  Fort 
Assiniboine ;  the  charge  of  transport  to  be  5/-  for  each  piece  of 
90  lbs.  weight;  and  that  craft  be  always  in  readiness  at  Fort 
Assiniboine  and  the  Rocky  Mountain  House  for  the  conveni- 
ence of  people  and  property  belonging  to  the  Columbia  Depart- 
ment. 

36.  That  Chief  Factor  Rowand  be  instructed  to  provide  12 
new  boats  of  not  less  than  28  feet  keel  for  general  distribution 
at  l^orway  House. 

37.  Winter  Arrangements — 

Swan  River— Fort  Pelly,  Willinm  Todd,  C.T. 

Charles  Goulet,  P.M. 
Fort  Ell  ice,   J.   R.   McKay     do 
Mnnitobah,    Frs.  Richard         do. 
Shoal  River,  A  Labourer. 

38.  That  about  200  pieces  Goods  constitute  the  Current 
Outfit  for  this  District,  with  15  voyaging  Servants,  100  Piec^'^s 
of  these  Gocds  to  be  taken  from  the  Depot  in  2  Boats  for  the 
trade  of  Fort  Pelly,  Manitobah  and  Shoal  River  Posts,  and  the 
romainder  to  be  forwarded  to  Red  River  Settlement  for  the 
trade  of  Fort  Ellice;  the  Crews  of  these  Boats  to  be  made  up 
to  6  men  each  by  Trippers,  and  the  Cargoes  to  70  pieces  p. 
Boat  by  Goods  on  freight  to  l^orway  House. 

39.  That  Chief  Trader  Todd  take  the  necessary  steps  to 
provide  300  bushels  of  salt  for  the  use  of  Red  River  Settle- 
ment deliverable  at  the  north  end  of  Manitobah  ..Portage  from 
whence  it  will  be  removed  in  the  course  of  the  season;  price 
not  to  exceed  8/  p.  Bushel,  and  50  Bushels  to  be  delivered  at 
Norway  House  for  general  distribution. 

40.  Summer  Arrangements — 

Swan  River — Fort  Pelly,   Charles  Goulet,  P.Mr.  &  2  men 
Fort  Ellice,  J.  R.  McKay       "         7     do 
Manitobah,   Frs  Richard  " 

Shoal  River,  A  Labourer 

41.  That  greater  encouragement  than  heretofore  be  given 
for  the  trade  in  Buffalo  Robes,  which  from  the  want  of  such 


PIONEER  LEGISLATION  731 

encouragement  falls  into  the  hands  of  the  American  Traders 
on  the  Missouri. 

42.  Winter  Arrangements — 

Red  River  Settlement — Fort  Garry,  Alexr.  Christie,  CF. 

John  Ballenden,   Clk. 

Hector  McKenzie  do 

Pierre  LeBlanc  P.M. 

George  Taylor,  Surveyor. 
New  Fort,  George  Setter,  P.M. 
Warden  of  the  Plains,  Cuthbert  Grant 

43.  That  supplies  for  the  use  of  the  Colony  Shop  and  In- 
dian trade  amounting  to  about  160  pieces,  be  provided  and  f on- 
warded  on  Freight,  and  that  the  Establishment  of  Servants  be 
as  follows,  viz. : 

Fort  Garry,  3  servants 
New  Fort,     2       do 

44.  That  tradesmen  and  laborers  be  employed  in  erecting 
and  completing  the  necessary  building  of  the  IsTew  Establish- 
ment of  Fort  Garry,  and  that  a  sufficient  quantity  of  stone  be 
quarried  and  hauled  in  the  Winter  for  the  Bastions  and  sur- 
rounding Walls. 

45.  That  agreeably  to  the  second  Paragraph  of 
the  Governor  and  Committee's  Dispatch  of  9th  Ma^rch  last, 
the  necessary  measures  be  taken  to  form  an  Agricultural 
Establishment  on  a  large  scale,  for  the  purpose  of  rearing  sheep 
and  for  the  growth  of  Flax  and  Hemp  (with  a  view  of  an  ex- 
port tirade)  under  the  management  of  Mr.  Carey,  and  that 
Chief  Factor-  Christie  concert  measures  with  Chief  Trader 
Hargrave  for  the  conveyance  of  the  Gentleman  and  the  people, 
who  may  accompany  him,  to'  the  Settlement  and  for  providing 
ironworks  and  implements  of  Agriculture  &c.  &c.  for  the  object 
noticed  in  that  Dispatch. 

46.  That  the  following  supplies  be  provided  at  the  Colony 
for  exportation  to  Norway  House  Summer  1837,  made  up  in 
sound  &  transportable  Packages,  at  the  annexed  prices,  Viz 


12/  p.   cwt. 


10 

Cwt  Beef 

3d  p. 

lb. 

20 

"     Biscuit 

3d  " 

i( 

50 

Firkins  Butter 

Yd  " 

a 

3 

Cwt  Cheese 

6d  " 

a 

00 

"     1st   & 

2nd 

Flour   Kiln 

dried 

inch 

packing 

30 

Pork  Hams 

6d 

p.  lb. 

732  CANADIAN    AECHIVES 

10  Cwt  Pork        3cl  "     " 
15  assortments  Garden  seeds  @  18/. 
100  Portage  Straps  @  2/. 

47.  That  the  Crews  of  4  Boats,  say  28  men,  be  engaged  for 
two  Trips  to  York  Factory  (returning  from  K'orway  House) 
with  ladings  of  75  pieces  p.  Boat,  at  £12  for  Steersmen,  £10.10 
for  Bowsmen  and  £9  for  Middlemen,  and  that  the  remainder 
of  the  Outfit  be  freighted  from  York  on  Contract  with  Settlers 
at  18/  p.  piece  to  Bed  Biver  and  14/  to  Norway  House. 

48.  That  a  Guide  and  24  men  be  engaged  for  the  McKen- 
zies  Biver  transport  and  the  Fall  Freight  froin  York  to 
Bed  Biver,  at  £25  to  the  Guide,  £16  to  Steersmen,  £14  to 
Bowsmen  and  £12  to  Middlemen. 

49.  That  in  all  cases  of  payments  in  Canada  for  Goods  or 
Cash  supplied  in  Bed  Biver  an  exchange  of  7  per  Cent  be 
added  to  the  Sterling  Amount  before  converting  it  into  Hali- 
fax Currency. 

50  Winter  Arrangements — 
Lac  la  Pluie — Fort  Frances,  Allan  McDonnell,  C.F. 

Wm.  Sinclair,  Clk. 
Lac  du  Bois  Blanc,  Thos.  Taylor,  P.M. 
Bat  Portage,  Jas.  Isbister,  Intr. 
Ft.  Alexander,  Dond.  McKenzie,  Clk. 

51.  That  about  260  pieces  Goods,  with  a  complement  of  12 
Voyaging  Servants,  constitute  the  Current  Outfit;  140  pieces 
(.f  t.hose  Goods  to  be  taken  from  York  to  ISTorway  House  in  2 
Boats  manned  by  12  Voyaging  Servants,  and  the  remaining  140 
pieces  to  be  transported  to  Norway  House  on  freight,  and  from 
Norway  House  the  whole  to  be  transported  in  4  Boats,  manned 
by  3  men  each  with  the  as^sistance  of  Indians;  the  usual  quan- 
tity of  Country  Produce  to  be  supplied  from  Bed  Bivei\ 

52.  That  the  sum  of  Three  hundred  Pounds  Sterling  be 
paid  by  draft  on  the  Governor  and  Committee  to  William  A. 
Aitken  Esqre.  of  the  American  Fur  Company,  in  consideration 
of  their  opposition  having  been  withdrawn,  during  the  past  Out- 
fit, from  the  frontiers  of  the  Lake  Superior,  Lac  la  Pluie, 
Winipeg  and  Bed  Biver  Districts,  conformably  to  the  terms  of 
an  agreement  entered  into  betiween  Governor  Simpson  and  Mr. 
Aitken,  as  per  correspondence  dated  Bed  Biver  21st  March 
1833 ;  the  said  amount  to  be  charged  to  the  Lac  la  Pluie  de- 
partment. 


PIOISTEER    LEGISLATION  733 


53.   Summer  Arrane'ements — 


&^ 


Lac  la  Pluie — Fort  Frances,      Thos.  Taylor,  P.M. 

Chastellain,  Intr.  &  2  men. 
Fort  Alexander,  Dond.  McKenzie,  Clk. 

J.  Isbister,  Intr.  &  2  men. 

54.  Winter  Arraneements — 

Jack  Eiver — Norway  House,  Dond  Eoss,  C.T. 

Thos.  Isbister,  P.M.  &  6  men. 
Berens  River,      Robt.  Cummings,  P.M.  &  2  men 
I'I'elson  River,  ,  John  Isbister,,  P.M.  &  3  men. 

55.  That  4  Voyaging  Servants  belonging  to  the  District, 
assisted  by  20  Indians  to  be  engaged  for  that  purpose,  be  em- 
ployed in  making  one  trip  between  York  and  Norway  House, 
with  3  Boats  carrying  80  pieces  each  pr.  trip  upward  or  240 
pieces  in  all ;  70  pieces  of  which  to  form  the  Outfit  for  the  1st 
and  2nd  Posts  and  50  pieces  for  the  3rd  Post,  the  remaining 
120  pieces  Goods  on  freight.  These  Outfits  to  be  taken  to  the 
different  Posts  by  the  Servants  of  the  District,  assisted  by  In- 
dians. 

56.  Summer  Arrangements — 

Jack  River — Norway  House,  Donald  Ross,  C.T. 

Thos.  Isbister,  P.M.  &  6  men. 
Berens  River,       Robt.  Cummings,  P.M.  &  1  man. 
Nelson  River,       John  Isbister,  P.M. 

57.  That  with  the  exception  of  Red  River  produce  no  sup- 
plies of  any  description  be  given  either  to  Districts  or  Ser- 
vants from  this  Establishment. 

58.  That  Norway  House  be  considered  as  the  Depot  for 
Athabasca  District  and  that  the  Outfit  and  supplies  for  ser- 
vants be  forwarded  from  York  Factory  the  freight  thereof  to 
be  chargeable  to  Athabasca  District  and  that  Norway  House  be 
allowed  12*  p.  Cent  advance  upon  York  or  Inventory  prices, 
on  sales  to  Servants  in  order  to  cover  all  charges  of  Storage 
Packings  &c. 

As  it  is  found  much  irregularity  and  inconvenience  arise 
from  the  circumstance  of  Gentlemen  in  charge  of  Brigades 
making  up  the  ladings  of  Craft,  going  from  Norway  House 
to  York  without  consulting  or  being  influenced  by  the  Gentle- 
man in  charge  of  Norway  House  who  is  in  regular  communica- 
tion with  the  Gentleman  in  charge  of  York  Depot,  on  that 
subject,  it  is  Resolved 


734  CANADIAN    ARCHIVES 

59.  That  in  order  to  guard  against  a  recurrence  of  such 
irregularity  and  inconvenience,  the  ladings  of  all  downgoing 
Craft  from  Norway  House  to  York  be  regulated  in  regard  to 
the  description  of  Cargo  by  the  Gentlemen  in  charge  of  Nor- 
way House  who  must  prepare  correct  Bills  of  Lading  of  all 
such  Cargoes  amounting  to  65  pieces,  from  Norway  House; 
5  of  which  to  be  left  at  Oxford  and  the  remaining  60  to  be 
delivered  at  York ;  one  Copy  of  the  Bills  of  Lading  to  be  for- 
warded with  the  Craft  to  York  and  another  to  be  retained 
at  Norway  House. 

60.  That  the  two  decked  Vessels  be  laid  up  the  ensuing 
Winter  at  Norway  House  there  to  undergo  a  thorough  repair 
and  that  the  Crews  be  employed  as  may  be  required. 

61.  Winter  Arrangements — 

Island  Lake — Oxford  House,  J.  Charles,  C.F. 

Island  Lake,     Wm.  McKay,  P.M. 

62.  That  about  80  pieces  Goods  to  be  transported  from 
the  JJepot  in  a  Boat  manned  by  7  men  constitute  the  Current 
Outfit  of  this  District. 

63.  Summer  Arrangements — 

Island  Lake — Oxford  House,  Wm.  McKay,  P.M.  ■&,  1  man. 
Island  Lake,  1    do 

64.  That  Chief  Factor  Charles  be  directed  to  employ  4 
Boats,  maimed  by  32  Indians  and  a  Guide,  in  performing  a 
double  trip  between  the  Depot  and  Norway  House  and  the 
transport  of  Goods  and  Eeturns;  the  lading  of  each  Boat  up- 
wards to  be  80  and  downwards  70  pieces,  5  of  which  to  be  left 
at  Oxford  House  and  the  remaining  65  pieces  p.  Boat  to  be 
delivered  at  York. 

65.  Winter  &   Summer  Arrangements — 
York — York  Factory,  James  Hargrave,  C.T. 

George  Gladman,     do. 

E.  H.  Whiffen,  Surgn. 

Wm.  McTavish,  Clk. 

George  Kendall,  P.M. 
Churchill  Robert  Harding,  Clk. 

Severn,  Robert  Wilson,  P.M. 

66.  That  Chief  Factor  Charles  be  appointed  to  the  manage- 
ment of  the  Fur  Stores  during  the  ensuing  Summer;  and  Chief 
Trader  Hargrave  be  authorized  to  avail  himself  of  the  services 
of  the  most  efficient  Clerks,  who  may  visit  York  this  season,  to 
attend  to  the  business  of  the  sale  shops. 


PIONEER  LEGISLATION  735 

67.  That  30  men  including  Mechanics  and  the  crew  of  the 
Schooner  Frances  constitute  the  Winter  and  Summer  Establish- 
ment of  York  Factory. 

68.  That  6  men  constitute  the  Winter  &  Summer  Estab- 
lishment of  Churchill,  with  an  Outfit  amounting  to  about  100 
pieces  Goods  and  provisions,  to  be  transported  from  York 
during  the  Summer  by  the  Frances  Schooner. 

69.  That  60  pieces  Goods  and  Provisions,  with  3  Servants, 
constitute  the  Current  Outfit  of  Severn,  and  that  Eobert  Wil- 
son, Postmaster,  with  one  of  these  Servants,  remain  at  the  Post 
during  the  Summer,  and  the  other  two  proceed  to  York  early 
in  June  for  the  purpose  of  being  employed  there  during  the 
Summer. 

70.  Columbia  Arrangements — 

Eort  Vancouver — John  McLoughlin,  C.  Factor. 
Duncan  Finlayson,  do 

James  Douglas,  C.  Trader. 
The  Revd.  Mr.  Beaver,  Chaplain. 
George  T.  Allan,  Clerk. 
Benjm.  McKenzie,    do. 
Meredith  Gardner,  M.D. 
Fort  Colvile — Archd  McDonald,  C.  Trader. 
Coutonais — Wm.  G.  Rae,  Clerk. 
Flat  Heads — Eras.  Ermatinger,  Clerk. 
Thompson  River — Samuel  Black,  C.  Trader. 
Okanagan — An  Interpreter. 
Eez  Percez — P.  C.  Pambrun,  Clerk. 

Nasqually — William  Kittson,  do 

Fort  Langley — J.  M.  Yale,  do 

Ft.  Simpson   (Nass) — James  Birnie,     do  ^ 

John  Kennedy,  Surgeon. 
Ft.  McLoughlin  (Milbank) — Dond  Manson,  Clk. 

Wm.  F.  Tolmie,  Surgeon. 
Umpqua  Expedition — John  McLeod  Jnr.  C.T. 
Michel  Leframboise,  Intr. 
Coasting  Trade — John  Work,  C.  Trader. 
Shipping  Beaver  Steamer — Captn.  D.  Holme 

1st  Mate. 
2nd  do. 
Nereide  Commander. 

1st  Mate. 
2nd  do. 


73(5  CANADIAN    ARCHIVES 

Lama  Wm.  H.  McNeil,  Commr. 

/  Jas.  Scarborough,  1st  Mate. 

Alex.  Lattej,  2nd  do. 

Cadboro  Commander 

Wm.  Heath,  .1st  Mate. 

Jas.  Sangster,  2nd  Mate. 

71.  That  it  be  discretionary  with  Chief  Factor  McLoughlin 
to  make  the  apix)intraents  of  those  Gentlemen  as  he  may  con- 
sider expedient. 

72.  That  20  men  be  provided  for  this  District,  to  accom- 
pany the  Saskatchewan  Brigade  under  the  charge  of  Chief 
Factor  Eowand  until  they  reach  Edmonton,  and  from  thence 
proceed  under  the  charge  of  Mr.  Benjamin  McKenzie  to  Van- 
couver, unless  he  may  receive  further  instructions  from  Chief 
Factor  McLoughlin  en  route,  by  which  he  will  regulate  his 
movements. 

73.  That  Chief  Factor  McLoughlin  take  the  necessary  steps 
to  employ  the  Shipping  on  the  Coasting  and  Timber  trade  and 
to  carry  into  effect  the  objects  noticed  in  the  Governor  and 
Committee's  Dispatches  of  28th  August,  8th  December  1835, 
and  10th  Feby  1836,  and  in  Governor  Simpson's  Letter  of  25th 
June  1836. 

74.  'New  Caledonia  Arrangements — 
Stuart's  Lake — Peter  S.  Ogden,  Chief  Factor. 

Alexr.  Anderson,  Clerk. 
Fraser's  Lake — Archd.  McKinley,  do. 
McLeod's  Lake — Paul  Fraser,       do. 
Alexandria — Alexr  Fisher,  Chief  Trader. 
Chilcotins — AVm.  F.  Lane,  Clerk. 
Babines — Wm.  McBean,  Postmaster. 
Conolly  Lake — John  McKintosh,  Clerk. 
Fort  George — John  McLean  do 

75.  That  it  be  discretionary  with  Chief  Factor  Ogden  to 
make  the  appointments  of  those  Gentlemen  as  he  may  con- 
sider expedient. 

76.  That  men  be  provided  for  this  District  to  be  forwarded 
by  the  Columbia  Brigade,  to  replace  the  retiring  Servants  from 
this  District,  and  that  they  proceed  via  Okanagan,  Thompson's 
River  and  Alexandria. 

Y7.  That  Cliief  Factor  Ogden's  requisition  for  leather  &c 
be  provided  at  Jasper's  House  by  Chief  Factor  Rowand,  and  be 
forwarded  by  the  Columbia  Portage  to  Okanagan. 


PIONEER    LEGISLATION  737 

With  reference  to  further  arrangements  connected  with  the 
Columbia  department  generally. 

78.  That  the  same  be  determined  by  letters  to  be  written  ^ 
by  Governor  Simpson  to  the  Gentlemen  superintending  the  f< 
Columbia  and  New  Caledonia  affairs. 

The  delineations  of  the  unexplored  portions  of  the  Arctic 
Coast,  westward  of  McKenzies  River  and  eastward  of  Pointe 
Turnagain,  being  an  object  that  has  for  a  long  time  excited  the 
most  lively  interest  in  the  public  mind,  and  has  called  forth 
the  energies  of  many  enterprising  and  scientific  men,  whose 
exertions  have  nevertheless  been  unsuccessful,  it  is  Resolved 

79.  That  an  Expedition  be  fitted  out  for  that  purpose  by 
The  Honourable  Hudsons  Bay  Company,  to  consist  of  Chief 
Factor  Warren  Dease  and  Mr.  Thomas  Simpson,  with  a  party 
of  12  men,  and  that  they  be  provided  with  such  craft,  pro- 
visions and  other  supplies  as  may  be  required  to  accomplish 
that  desirable  object,  agreeably  to  the  plans  submitted  by  these 
Gentlemen  to  Council. 

80.  That  the  Gentlemen  in  charge  of  the  Districts  and 
Posts  of  Athabasca  and  McKenzies  River  comply  with  any 
demands  whatsoever,  connected  with  their  respective  charges, 
that  may  be  made  upon  them  by  Chief  Factor  Dease  or,  in  his 
absence,  by  Mr.  Thomas  Simpson. 

Mr.  Chief  Trader  Heron's  intemperate  habits  having  of  late 
become  so  notorious  as  to  be  the  subject  of  general  remark 
among  all  classes  throughout  the  country,  it  is  Resolved 

81.  That  a  circular  be  addressed  to  the  diiferent  Gentle- 
men in  charge  of  Districts  to  state  in  writing  what  may  have 
come  to  their  knowledge  in  regard  .to  his  habits  in  that 
respect,  and  to  produce  evidence  with  a  view  to  substantiate 
such  statements,  and  that  Mr.  Heron  be  provided  with  a  copy 
of  this  Minute  in  order  to  prepare  himself  to  meet  such  charges 
as  may  be  preferred  against  him  before  the  Council  of  the 
Northern  Department,  at  its  sitting  next  year. 

82.  That  the  usual  allowance  of  £100  with  the  usual  allow- 
anqe  of  tea,  sugar,  &c.,  be  made  to  the  Catholic  Mission  of  Red 
River  for  the  Current  Outfit. 

83.  That  an  allowance  of  £100  be  made  to  Dr.  Bunn  for 
medical  attendance  on  the  Honourable  Company's  Establish- 
ments at  Red  River;  the  retired  servants  who  cannot  afford  to 
pay  for  such  and  all  other  pauper  settlers  for  the  Current  Out- 
fit. 

28159—47  E— 16 


738 


CANADIAN    AKCHIVES 


84.  That  an  allowance  be  made  to  the  Revd.  Mr.  Jones  of 
£100  in  aid  of  the  Boarding  Schools  under  his  direction  for  the 
Current  Outfit. 

85.  That  the  Engagements  of  the  undermentioned  Clerks 
and  Postmasters  be  renewed  for  a  term  of  three  years  from  the 
date  and  salaries  affixed  to  their  names  respectively,  Viz. 

Clerhs. 

William  G.  Rae  from  1st  June  1835  at  £100  p.  annum. 

Alex  C.  Anderson  "  "  1836  ' 

Henry   Fisher  "  "  "  ' 

William   Kittson  "  "        "  ' 

George  McDougall  "  "        "  ' 

John  McKintosh  "  '•'        ''  ' 

Thomas  McKay  "  "        "  ' 

John  McKay  "  "        "  * 

John  Ballenden  Clk  "  "  1837  ' 

John  Bell             "  "  "        "  ' 

John  J.  Bird      "  "  "         "  ' 

George  Deschambeault  "  "        "  ' 

Fras,  Ermatinger  "  "        "  ' 

Paul  Eraser     '  "  "         "  ' 

Donald  McKenzie  "  "        "  ' 

Archd.  McKinlay  "  "        "  ' 

Donald  Manson  "  "        "  ' 

P.  C.  Pambrun  "  "         "  ' 

Thomas  Simpson  "  "        "  ' 

William   Sinclair  "  "        "  ' 

George  Taylor  "  "  '   "  ' 

Adam   McBeath,   P.M.  "  "        "  ' 

George  Settler,          "  "  "         "  ' 

Thomas  Taylor,        '"  "  "         "  ' 

James   McKenzie,   Agent  Quebec  "  ' 

86.  That  the  amount  of  requisition  from  England  for  ship- 
ment 1837  Outfit  1838  do  not  exceed  the  sum  of  Twenty  Five 
Thousand  Pounds  Sterling. 

87.  That  20  Orkney  servants  be  indentured  for  the  North- 
ern Department,  on  engagements  of  five  years  as  follows,  viz. : 
10  young  labouring  servants  at  not  exceeding  £16  p.  annum. 

6  men  accustomed  to  boating,  fishing  &  slooping  20  " 

2  experienced  boatbuilders  at  not  exceeding  25  " 

1  Cooper  "  "  25  " 

2  Blacksmiths  "  "  25  " 


100 

a 

100 

a 

100 

(I 

75 

C( 

100 

u 

60 

(( 

100 

li 

100 

u 

100 

u 

100 

ii 

100 

i( 

100 

ii 

100 

ii 

75 

ii 

100 

ii 

100 

ii 

100 

ii 

100 

ii 

100 

ii 

35 

ii 

60 

ii 

50 

ii 

250 

ii 

PIONEEK    LEGISLATION  739 

88.  That  20  Canadian  Servants  be  indentured  for  the  North- 
ern Department,  on  engagements  of  not  less  than  3  years  as 
follows : 

18  young  Servants  at  £17  Wages. 
2  Blacksmiths        "25       " 

89.  That  no  Servants  be  permitted  to  settle  at  Red  River 
Colony  unless  they  become  purchasers  from  the  proprietors  of 
the  soil  of  at  least  50  acres  of  land  at  7/6  p.  acre;  payment 
thereof  to  be  deposited  with  the  gentleman  in  charge  of  the 
Depot  to  which  they  have  been  attached  previous  to  their  de- 
parture for  the  Settlement. 

90.  That  all  inland  boats  be  at  least  28  feet  keel  with  pro- 
portionable beam,  so  as  to  stow  80  pieces  assorted  cargo,  and  if 
of  less  dimensions  no  credit  to  be  allowed  for  them  in  trans- 
fers. 

91.  That  no  common  cub  bear  skin  be  traded,  as  in  the 
English  market  they  hardly  fetch  the  duties,  and  that  the 
Indians  be  instructed  not  to  scrape  the  swan  skins  so  much  as 
they  have  been  in  the  habit  of  doing,  which  deteriorates  their 
value  about  25  p.  cent. 

92.  That  the  Esquimaux  brig  which  is  to  be  sent  back  from 
York  Factory  to  Ungava  with  the  Outfit  and  for  the  returns  of 
that  District,  be  filled  up  with  deals,  bark  and  about  50  pieces 
of  flour,  grease,  pemican  or  such  other  provisions  as  can  be 
spared,  and  any  old  ironworks  or  other  unsaleable  goods  at 
^ork  Factory,  which  are  likely  to  find  a  market  among  the 
Esquimaux,  with  4  active  servants,  under  engagements  of  not 
less  than  3  years,  to  fill  up  vacancies. 

With  reference  to  the  7th  paragraph  of  the  Grovernor  and 
Committee's  Dispatch  of  9th  March  last  in  regard  to  Mr.  Simon 
McGillivray's  request  for  re-admission  into  the  service  in  the 
capacity  of  a  clerk  at  a  salary  of  £150  p.  annum,  with  an  under-' 
standing  that  favourable  consideration  will  be  given  to  any  re- 
commendation that  may  be  made  by  the  Councils  of  the  North- 
ern and  Southern  Departments  to  appoint  him  to  the  first 
vacancy  that  may  occur  in  the  class  of  Chief  Traders. 

93.  That  the  gentleman's  case  as  above  stated  be  recom- 
mended to  the  favourable  consideration  of  the  Governor  &  Com- 
mittee accordingly. 

With   reference   to   the   24th   Resolution  of  the   Standing 
Rules  and  Regulations ;  the  following  list  of  Servants  whose 
wages  for  Outfit  1834  exceeded  the  standard  scale  and  were 
28159—471 


740  CANADIAN"    AKCHIVES 

rtccordingiy  debited  to  the  private  accounts  of  the  Gentlemen 
authorizing  them,  viz. : 

Debited  Mr.  C.  F.  Cameron — 
John  Cromartie  engaged  at  £30  as  house  carpenter,  his 

former  wages  being  only  £25  £  5 

Frs.  X.  Richard,  Gratuity  for  extra  services  -  3 


£  8 


Debited  Mr.  C.  F.  McKenzie 

Joseph  Roy  Gratuity  in  addition  to  former  wages  of  £30  £  5 

Debited  Mr.  C.  F.  Rowand 

Philip  Brien  dit  Derocher,  Gratuity  for  extra  services  £  1 

Hugh  Fraser                                do  1 

Edouard  Gilbault                         do  2 

Richard  Layland                          do  3 

Wm.  McMillan                           '  do  2 

AugTistin  Racette,  Extra  Wages  p.  Engagement  3 

Augustin   Valle                                    do  5 


Debited  Mr.  C.  T.  Donald  Ross 
Thos.  Harper,  Gratuity  as  Steersman 
Joseph  Laverdure,  Gratuity  as  Fisherman 
John    Spence  do  do 

T'.dward  Moody  do  do 


Debited  Mr.  C.  F.  Charles 
Francois  McRedi,  extra  wages  as  Fisherman 

Debited  Mr.  C.  F.  Smith 
Antoine  Cataphaeir,  Gratuity 
Emanuel  Cournoyer  (6)    do 


Debited  Mr.  C.  F.  Stuart 
Charles  Forrest,  extra  wages  as  Postmaster 
John  Norquay,  do  as  Fisherman 

£11 
The  foregoing  having  been  duly  considered,  it  is  Resolved 
94.  That  Chief  Factor  J.    D.    Cameron's   private   account 
be  charged  with  £5  for  Outfit  1834  paid  to  John  Cromartie; 


£17 

£ 

2 

£ 

2 

£ 

2 

£ 

2 

£ 

8 

£ 

3 

£ 

3 

£ 

2 

£5 

£10 

£ 

1 

PIONEER    LEGISLATION  741 

such  extra  wages  being  considered  unnecessary.  That  Chief 
Factor  John  Rowand's  private  account  he  charged  with  £5 
paid  to  Augustin  Valle,  such  extra  wages  being  given  without 
consulting  the  Governor  in  Council,  contrary  to  the  Stand- 
ing Rules  and  Regulations;  but  that  the  said  Augustin  Valle 
be  re-engaged  from  1st  June  1835  at  £30  p.  annmn  wages. 
That  Chief  Factor  John  Stuart's  private  Account  be  charged 
with  £10  for  Outfit  1834  paid  to  Charles  Forrest;  such  extra 
wages  having  been  given  without  the  authority  of  the  Governor 
and  Council  and  contrary  to  the  Regulations  of  the  Service. 

That  the  diiferent  other  charges  noticed  in  that  list  as  being 
charged  to  private  account  for  Outfit  1834  be  written  back  and 
credited  to  the  parties  satisfactory  reasons  having  been  given 
for  such  deviations  from  the  established  Regulations. 

Chief  Factor  Stuart  having  without  any  authority  from 
the  Council,  and  without  any  necessity  for  so  doing,  engaged 
Charles  Forrest  a  laborer  in  capacity  of  Postmaster  for  a 
term  of  3  years  at  a  salary  of  £40  p.  an.,  it  is  Resolved 

95.  That  the  said  Charles  Forrest  be  credited  with  the 
amount  of  his  wages  p.  Engagement  for  Outfits  1835/36  & 
18 36/3 Y ;  and  that  the  same  be  debited  to  the  private 
account  of  Chief  Factor  Stuart,  giving  him  credit  for  the 
value  of  any  service  he  (Forrest)  may  render  during  Outfit 
1836/37  while  attached  to  Lac  la  Pluie  District. 

With  reference  to  the  20th  Resolution  of  the  Standing 
Rules  and  Regulations,  it  is  Resolved 

96.  That  the  Wages  of  Fishermen  employed  at  such  Posts 
as  are  dependent  entirely  or  principally  on  Fish  be  £19  instead 
of  £17  p.  annmn;  but  that  no  more  than  one  person  at  each 
Post  so  maintained  shall  be  allowed  such  extra  pay  and  that 
Blacksmiths  at  inland  Posts  be  allowed  £25  p.  annum  instead 
of  the  wages  of  the  Steersmen  of  the  District. 

With  reference  to  the  23rd  Resolution  of  the  Standing 
Rules  and  Regulations,  it  is  Resolved 

97.  That  the  wages  of  a  Servant  acting  in  the  capacity  of 
Cook  or  Gentleman's  waiting  man  shall  in  no  case  be  allowed 
to  exceed  £17  p.  annum  or  the  usual  wages  of  a  Middleman  gf 
the  District  in  which  he  serves,  and  that  the  additional  Gra- 
tuity heretofore  given  to  persons  acting  in  that  capacity  shall 
in  future  be  allowed  only  to  servants  who,  on  the  Summer  Voy- 


'742  CANADIAN    ARCHIVES 

age  to  and  from  the  Wintering  grounds,  act  in  the  capacity  of 
Cook  or  waiting  man  independent  of  his  duty  as  one  of  the 
regular  crew  of  the  Craft  in  which  he  may  be  employed ;  except 
the  Cooks  or  waiting  men  employed  at  the  Depot  of  York  Fac- 
tory, Vancouver,  Moose  and  Norway  House  and  at  Fort  Garry, 
Red  River  Settlement. 

With  further  reference  to  the  24th  Resolution  of  the  Stand- 
ing Rules  and  Regulations,  it  is  Resolved 

98.  That  the  accountant  of  the  different  Depts.  instead  of 
debiting  the  private  account  of  Gentlemen,  deviating  from  the 
instructions  contained  in  the  Resolutions  on  the  subject  of 
Servants'  Wages,  Gratuities  &c.,  with  extra  Wages  or  Gratu- 
ities, be  instructed  to  forward  to  the  Governor  &  Council 
annually  a  list  of  such  extra  wages  or  Gratuities,  to  be  con- 
sidered and  determined  on  by  the  Council  previous  to  being 
charged  to  private  Account. 

99.  That  a  Winter  Express  from  the  Dept.  and  the  interior 
be  appointed  to  meet  at  Carlton;  the  one  to  proceed  north- 
ward via  Isle  a  la  Crosse  and  Athabasca  and  the  other  south- 
ward via  Fort  Pelly  and  ISTorway  House;  and  that  all  private 
Letters  conveyed  by  the  Ship  be  forwarded  from  the  Depot  to 
Xorway  House  or  Cumberland  before  the  closing  of  the  navi- 
gation. 

100.  That  the  Gentleman  in  charge  of  Lake  Superior  De- 
partment be  instructed  to  forward  a  Packet  from  the  Sault  St. 
Marys  to  Red  River  on  the  1st  of  February  with  all  Letters 
and  Papers  that  may  be  collected  at  the  Sault  or  elsewhere 
within  his  charge  previous  to  that  date  and  that  no  other  Ex- 
press be  foi*warded  unless  rendered  necessary  by  very  impor- 
tant circumstances. 

That  a  Packet  to  England  from  Red  River  be  sent  on  the 
]st  November  via  St.  Peters  and  that  a  Duplicate  Dispatch 
together  with  any  subsequent  information  that  may  occur  be 
forwarded  by  Lac  la  Pluie  on  the  1st  December. 

101.  That  this  arrangement  be  understood  as  not  inter- 
fering with  the  usual  Winter  communications  by  the  Coast 
which  should  be  alternately  from  the  Depots  of  Moose  and 
lork  on  the  1st  December. 

102.  That  the  annexed  revised  Standing  Rules  and  Regu- 
lations be  considered  in  force  and  acted  upon  accordingly  until 
rescinded. 


PIONEER    LEGISLATION  Y43 

103.  That  this  Council  do  now  adjourn. 

(Sig-ned)     GEORGE  SIMPSON,  Governor 
JOHi^  CHARLES   Chief  Factor 
JOHIsT  ROWAND  do 

PETER  W.  DEASE        do 
ALLAN  McDONELL      do 
DONALD  ROSS      Chief  Trader 
WILLIAM  TODD  do 

RICHARD  GRANT        do 

Norw^ay  House  24th  June,  1836. 

Standing  Rules  and  Regulations.     XIII. 

Resolved.  That  the  following  be  the  Tariff  for  advances 
throughout  the  Northern  and  Southern  Departments. 

1.  Commissioned  Gentlemen.  The  Depot  Inventory  Tariff 
for  all  Goods  supplied  them  during  the  Summer,  and  25  p. 
Cent  thereon  for  all  subsequent  advances  without  distinction 
whether  taken  at  the  Depot  or  inland — except  Wines  and  Spirits 
to  be  100  p.  Cent  on  the  De]3ot  Inventory  Tariff,  but  leather 
and  all  other  country  produce  to  be  at  the  Depot  Inventory 
Tariff  or  actual  cost  throughout  the  year. 

2.  Clerks  and  Servants.  Tariff"  50  p.  Cent  on  the  Prime 
Cost  of  all  imported  Goods  and  12^  p.  Cent  on  the  Depot  cost 
of  all  country  made  articles  supplied  during  the  Summer  at 
the  Depot — except  Wines  and  Spirits,  to  be  continued  at  fixed 
prices  viz,  Madeira  Wine  20/-,  Port  and  all  other  wines  16/-, 
Shrub,  Gin  and  Brandy  16/-,  Spirits  reduced  to  Proof 
Strength  12/-  p.  Gallon;  and  all  subsequent  advances  without 
distinction  of  articles,  whether  taken  at  the  Depot  or  Island  to 
be  charged  50  per  Cent  on  the  York  or  Moose  Inventory 
Tariff,  with  the  exception  of  Wine  &  Spirits  to  be  sold  at  50 
p.  Cent  on  the  Depot  Summer  Sale  Tariff  to  Servants ;  and  all 
coimtry  produce  consisting  of  dressed  and  parchment  Leather, 
Buffalo  Robes,  Provisions  &c.  &c.  will  be  sold  throughout  the 
year  at  50  p.  Cent  on  Depot  Inventory  Prices ;  It  is  however 
understood  that  in  consideration  of  the  peculiar  living  and  mode 
of  journeying  at  the  Bay  side  Settlement,  Wine  and  Spirits 
will  be  allowed  to  continue  at  the  Depot  Summer  Sale  Tariff 
throughout  the  year. 

3.  That  it  is  however  understood  that  the  foregoing  Tariffs 
are  intended  for  the  ordinary  saleable  articles ;   as  to  those 


744  CANADIAN    ARCHIVES 

classed  unsaleable  or  considered  as  such,  it  is  left  discretionary 
with  those  superintendents  of  Districts  or  Posts  to  dispose  of 
at  a  price  corresponding  with  their  estimated  value. 

4.  That  all  Commissioned  Gentlemen,  Clerks  and  Servants 
be  charged  10  pr.  Cent  on  the  last  average  nett  sales,  for  any 
i'urs  supplied  from  the  Stores  during  the  Current  Outfit  for 
personal  or  family  use  in  the  Coimtry,  and  20  p.  Cent  if  sup- 
plied for  any  other  purpose. 

5.  That  all  Freemen,  Halfbreed  and  Iroquois  Trappers, 
having  no  other  means  of  paying  for  their  supplies  than  with 
their  Hunts,  be  treated  on  the  footing  of  Indians,  unless  when 
specially  provided  for  by  Council  and  that  Freemen  Trappers 
having  funds  in  the  Company's  hand,  and  unable  to  pay  for 
their  supplies  with  Furs,  be  charged  200  p.  Cent  on  the  Dis- 
trict Inventory  prices,  and  that  no  money  in  pajanent  of  Furs 
or  other  articles  be  allowed  either  class  without  directions  from 
Council  but  the  Furs  of  those  owing  balances  in  money  to 
the  Company  will  be  taken  in  payment  thereof  at  the  rate  of 
4/6  Sterling  p.  each  Made  Beaver. 

6.  That  all  Furs  killed  by,  or  in  j)ossession  of  the  Com- 
pany's Otiicers  and  Servants  be  considered  the  Company's  pro- 
perty and  paid  for  in  Goods  at  the  Indian  Standard  of  the 
place,  except  to  those  on  special  agreements.  Fort  Hunters 
kc. 

7.  That  no  Commissioned  Gentleman  be  allowed  to  pur- 
chase or  dispose  of  Horses,  Cattle  or  Dogs  on  private  Account, 
but  that  all  such  dealings  be  for  and  on  account  of  the  Com- 
j)any,  each  Commissioned  Gentleman  to  be  permitted  however 
to  keep  a  Saddle  Horse  or  a  train  of  Dogs  for  his  own  use  when 
considered  necessary  on  paying  the  surplus  cost  thereof  over 
and  above  the  established  Indian  or  Inventory  prices  of  the 
District  and  that  Clerks  and  Servants  be  permitted  to  pur- 
chase such  Horses  as  may  be  absolutely  necessary  to  enable 
them  to  do  their  duty  from  the  Company  only  at  Inventory 
prices  it  being  understood  in  the  event  of  removal  or  Retire- 
]nent  of  the  Individuals  that  the  Company  will  assume  such 
Horses  at  the  Cost  Price. 

8.  That  all  Country  produce  &c.,  subject  to  valuation  or 
Inventory  or  in  transfers  be  priced  as  follows: — Viz 

Birch  Bark  p.  Bottom  (canoes)  Fath.  1/6 

Side*  (canoes)  "  9d 

Barley,  rough  bus.  3/ 

hulled  "  4/ 


PIONEER    LEGISLATION 


745 


piece 


Boats  no  less  than  24  ft.  Keel 
Canoes,  large  Nortli 

small  Fishing 
Corn,  Indian,  rough 
hulled 
Fat  or  Grease  Lb 
Flour,  Cwt. 
Geese,  fresh  or  salted 
Gum  or  pitch 
Meat,  pounded 
dried   or 
fresh 
Salted 
Oil,  Sturgeon 
Pemican,  fine  or  common 

p.  Bag  of  90  lbs. 
Rice,  Indian 
Robes,  Buffalo,  prime 

Common 
Salt  (from  Swan  River) 
Shagganapie  p.  Pack  cords 
Snow  Shoes 
Shoes,  Indian,  pair 
Sinews 
Skins,  dressed  Buffalo 

red  deer  large 
small 
reindeer  large 
small 
Parchment  Moose  large 
small 
Do.        Red  Deer  large 
small 
Reindeer  prime 
Sugar,  Maple 
Tents,  Mooseskins,  not  used  on  voyage 

but  brought  out  in  bales 
Tongues,  Buffalo 

Red  Deer  or  Moose 
Reindeer  prime 
Wheat 

Dogs  when  transferred 
Horses 


ea. 

300/ 

a 

100/ 

ii 

20/ 

Bus. 

3/ 

a 

4/ 

3d 

ea. 

4cl 

lb. 

2d 

lb. 

3(i 

<   a 

2d 

a 

Id 

(I 

2d 

Gall. 

2/ 

lb. 

3d 

ea. 

22/6 

Bus. 

4/ 

ea. 

5/ 

a 

2/6 

Bus. 

-8/ 

lb. 

2d 

4d 

6d 

lb. 

2d 

ea. 

2/6 

a 

3/ 

a 

1/6 

i( 

2/ 

a 

1/ 

a 

4/ 

a 

1/ 

u 

2/ 

a 

1/ 

a 

1/ 

lb. 

4d 

Lge 
ea. 

25/ 

ea. 

9d 

a 

9d 

a 

6d 

Bus. 

4/ 

ea. 

10 

li 

40/ 

746  CANADIAN    ARCHIVES 

Horned  cattle  full  grown  male  or  female 

when  transferred  "  60/ 
Calves  or  Pigs,  whether  male  or  female 

when  transferred  "  20/ 

Sheep,  ewes  when  transferred  "  40/ 

lambs  do  "  10/ 

rams  do  "  40/ 

9.  That  Buffalo  Eobes  dressed,  and  parchment  Leather 
brought  out  to  ISTorway  House  and  the  Depot  or  transferred  to 
other  Districts  be  charged  at  Inventory  prices^  and  that  the 
articles  when  sold  to  Settlers  at  Eed  River  be  charged  at  100 
p.  Cent  on  Inventory  prices,  to  cover  the  risk  and  freight  of 
their  transport  thither,  and  that  no  provisions  excepting  at  the 
Depot  or  required  for  transfers  be  valued  at  Inventory. 

10.  That  all  imported  Goods  returned  to  the  Depot  be  con- 
sidered on  the  account  and  risk  of  the  District  transferring  the 
same. 

Serious  inconvenience  having  been  experienced  of  late  years 
from  the  circumstances  of  Gentlemen  in  charge  of  Brigades  leav- 
ing the  Factory  with  Craft  not  fully  laden  thereby  occasioning 
a  loss  of  Freight,  it  is  Resolved. 

11.  That  lading  of  boats  belonging  to  all  Districts  in  the 
IsTorthern  Department  leaving  the  Depot  be  70  pieces  goods  of 
full  weight  or  measurement;  exclusive  of  the  usual  allowance 
for  passengers,  viz — 10  pieces  for  each  Commissioned  Gentle- 
man, 5  pieces  for  first  class  Clerks,  3  pieces  for  junior  Clerks, 
and  Postmasters.  That  one-half  of  the  above  allowances  be 
made  to  cover  the  freight  or  private  orders  for  the  same  classes 
remaining  inland  and  that  each  servant  remaining  inland,  be 
allowed  the  freight  of  l-J-  pieces  to  cover  his  private  order  which 
shall  be  considered  cargo  but  that  the  private  luggage  of  the 
crew  be  over  and  above  the  cargo ;  and  that  in  all  cases  where 
a  loss  of  freight  is  occasioned  by  neglect  of  this  resolve,  the 
same  be  chargeable  to  the  private  account  of  the  Commissioned 
Gentleman  conducting  the  Brigade. 

And  with  reference  to  the  foregoing  Resolutions  in  order  to 
regulate  the  charges  for  freight  of  private  property  conveyed 
inland  exceeding  the  fixed  allowance,  it  is  Resolved 

12.  That  the  same  be  charged  to  private  account  of  the 
parties  as  follows  viz. 


({ 

n 

(I 

(( 

u 

(( 

4 

(( 

2/ 

C( 

5/ 

u 

PIONEER    LEGISLATION  747 

From  York  Factory  to  McKenzies  Kiver  Dist.     50/  p.  piece 
"  "  Athabasca  "        40/       " 

"  "  Saskatchewan,  Eng.  River, 

Lac  la  Pluie,  Up.  R.  River 
&  Swan  River  30/       " 

"  "  Red    River    Sett't   &   the 

Winipeg  Posts  18/       " 

ISTorwaj   House  14/       " 

Oxford  Ho.  &  N'elson  Riv.  10/       " 
Churchill  &  Severn  2/       " 

From  Norway  House  to  McKenzies  Riv.  Dist't.        36/       " 
"  "  Athabasca  26/       " 

"  "  Saskn,   Engh.   River  Lac 

la  Pluie,  Upper  R.  River 
&  Swan  River  16       " 

"  "  Red   River   Settlement  & 

the  Winipeg  Posts 
•   Oxford  and  Nelson  Riv. 
York  Factory 

Southern  Department. 

From  Moose  Factory  to  New  Brunswick  10/ 

Lake  Superior  Dist't  17/ 

Lake  Huron  "  20/ 

Old  Albany  Factory  3/ 

Ruperts  River  &  East  Main   3/ 
Albany  Island  20/ 

Ruperts  River  &  East  Main   3/ 
Abbetibe  15/ 

Temiscamingue  &  Grand 
Lac  20/ 

Kenogamissie  District        15/ 

13.  That  the  freight  be  allowed  to  Districts  for  the  trans- 
port of  pieces  be  as  follows  viz. : 

From  York  Factory  to  Red  River  18/ 

"             "           Norway  House  14/ 

"           Oxford   Ho.  10/ 

Oxford  House  to  Norway  House  4/ 

Norway  House  to  Red  River  4/ 

Red  River  to  Norway  Ho.  1/ 

Norway  House  to  Oxford  House  2/ 

Oxford  House  to  Y.  Factory  3/ 


Y48  CANADIAN    ARCHIVES 

14.  That  all  Chief  Factors  and  Chief  Traders  for  whom 
ijo  special  mode  of  conveyance  is  provided  accompany  their 
loaded  craft  to  and  from  the  Depoe  and,  the  better  to  prevent 
loss  of  freight,  that  those  in  charge  of  loaded  craft  from  the 
Depot,  previous  to  their  departure,  give  in  to  the  person  ap- 
pointed for  that  purpose  correct  Bills  of  Lading  thereof,  which 
must  be  conformable  to  the  provisions  of  the  13  th  Resolve. 

The  better  to  insure  co-operation  and  efficiency  between 
those  superintending  and  those  co-operating  in  Districts  to 
which  two  or  more  Commissioned  Gentlemen  are  appointed,  it 
is  Resolved. 

15.  That  the  person  appointed  as  superintendent  thereof 
by  Council  be  authorized  to  assume  the  direction  of  affairs  and 
to  issue  orders  and  instructions  for  the  good  government  and 
successful  management  of  the  Posts  and  trade  thereof  as  to 
him  from  time  to  time  appear  expedient  to  which  every  at- 
tention and  conformity  are  required  from  those  to  whom  such 
orders  and  instructions  are  addressed  or  have  reference. 

Serious  inconvenience  to  the  Service  having  in  many  in- 
stances arisen  of  late  from  the  circumstances  of  Clerks  in  dis- 
taant  parts  of  the  country  applying  to  the  Governor  and  Coun- 
cil for  permission  to  visit  the  Depot  or  withdraw  from  the 
District  without  having  previously  consulted  the  Commissioned 
Gentleman  superintending  the  District  and  to  guard  against  a 
recurrence  of  such  inconvenience,  it  is  Resolved 

16.  That  no  such  permission  be  granted  in  future  unless 
the  applicant  first  submit  his  request  in  writing  to  the  Gentle- 
man superintending  the  District  to  which  he  belongs;  who  is 
hereby  directed  to  report  on  the  same  for  the  information  of 
the  Governor  and  Council,  and  that  any  Clerk  coming  to  the 
Depot  without  such  permission  be  considered  as  retiring  from 
the  Service. 

In  order  to  guard  against  irregularities  and  expenses  aris- 
ing from  little  favoritisms  and  partialities  which  occasionally 
discover  themselves,  it  is  Resolved 

17.  That  all  appointments  to  the  offices  of  Postmaster,  In- 
terpreters, Apprentice  Tradesmen,  or  Sailors  in  the  Service  be 
made  by  the  Governor  and  Council,  by  whom  also  the  wages  of 
the  parties  are  to  be  regulated,  and  that  no  individual  be  per- 
mitted to  make  such  appointments  or  to  increase,  reduce  or 
determine  such  wages,  and  that  the  wages  of  Postmasters  shall 
not  hereafter  exceed  £50  per  annum  except  in  cases  where 
parties  are  at  present  in  the  enjoyment  of  higher  wages. 


PIONEEK    LEGISLATION  749 

18.  That  no  Guide  or  Interpreter,  whether  at  the  Factory 
Depot  or  Inland,  be  permitted  to  mess  with  Commissioned  Gen- 
tlemen or  Clerks  in  charge  of  Posts ;  but  while  at  the  Depot 
they  will  be  allowed  per  week  4  days  ordinary  rations  as 
issued  to  Engagees,  besides  2  loaves  of  bread,  3  lb.  pork,  ^  lb. 
tea,  2  lbs.  sugar  and  1  pint  rum;  and  have  an  allowance  de- 
livered to  them  on  departure  for  the  voyage  inland  of  1  lb.  tea, 
t)  lb.  sugar,  10  lb.  biscuit  and  10  lb.  beef  or  pork,  besides  an 
extra  allowance  for  the  wintering  grounds  of  25  lb.  flour,  20 
lbs.  sugar  and  10  lb.  grease,  in  addition  to  the  ordinary  rations 
of  Engagees  at  the  place  where  they  winter. 

In  looking  over  the  list  of  servants  in  each  District  it  is 
much  to  be  regretted  that  the  number  and  classification  deter- 
mined on  by  the  Resolutions  of  Council  are  not  generally 
adhered  to  which  is  productive  of  irregularity  and  unnecessary 
expense,  it  is  therefore  Resolved 

19.  That  no  Gentleman  be  permitted  in  future  to  deviate 
from  the  number  and  classification  of  people  determined 
on  in  Council  to  be  employed  in  the  business  of  the  Dis- 
trict. , 

As  it  appears  by  the  accounts  from  several  Districts  that 
the  established  scale  of  wages  is  not  duly  observed,  it  is 
Resolved 

20.  That  in  order  to  prevent  all  misapprehension  on  that 
subject  in  future  the  existing  scale  of  wages  be  attended  to  as 
follows  viz. 

For  all  Districts  in  the  H.  B.  Territories — 
Steersmen  £22 

Bowsmen  20 

Middlemen  17 

For  Athabasca  and  McKenzie  River — 

Steersmen  £24 

Bowsmen  22 

Middlemen  19 
For  the  Columbia — 

Boutes'  £22 

Middlemen  17 

For  New  Caledonia,  Millbank,  l^ass  &  Stikine — 
Boutes  £24 

Middlemen  19 

together  with  an  augmentation  of  £3  to  those  who  may  be  em- 

1  This  term  is  applied  to  the  steersmen  and  bowsmen  of  canoes. 


T50  CANADIAN    AKCHIVES 

ployed  on  the  voyage  from  the  West  side  the  Mountains  to 
York  Factory  and  back  again,  Guides  never  to  exceed  £5  in  ad- 
dition to  the  wages  of  Steersmen  of  the  District  and  not  to  be 
exempted  from  the  ordinary  duties  of  a  Steersman,  nor  allowed 
an  extra  man  in  their  Boats  with  the  exception  of  the  Atha- 
basca Guide  and  the  Guides  of  the  hired  transport  Brigades; 
no  more  Bowsmen  or  Steersmen  to  be  employed  in  any  District 
than  absolutely  required  for  the  management  of  the  Craft  be- 
longing thereto. 

Boat  builders  not  to  exceed  £30  p.  annum  Wages 
Interpreters  "  "  25        "  " 

Wages  of  Mechanics  at  the  Depot  to  be  regulated  and 
varied  according  to  circumstances ;  and  those  of  Blacksmiths 
inland  not  to  exceed  the  Wages  of  Steersmen  of  the  District. 

In  order  to  guard  against  misapprehension  and  to  check  irre- 
gularities in  regard  to  Servants,  it  is  Resolved 

21.  That  all  Servants  engaged  in  England,  Canada, 
or  in  the  Country  be  considered  for  the  term  of  their  first 
Contracts  as  being  disposable  for  general  service  at  the  Wages 
stated  in  their  Engagements,  imless  "  Prix  du  Poste  "  be  dis- 
tinctly specified,  in  which  case,  the  wages  of  the  District  to 
which  the  party  is  attached  to  be  allowed ;  but  in  all  cases 
where  the  Engagements  are  renewed  in  the  Country,  the  wages 
of  the  District  for  which  the  Servant  is  engaged  to  be  allowed 
accordingly. 

The  items  of  Gratuities  and  Extra  Service  money  having 
increased  to  such  a  degree  as  to  render  it  necessary  to  check 
them,  it  is  therefore  Resolved 

22.  That  no  gratuity  or  extra  Service  money  be  allowed 
to  any  Servant  or  person  whatsoever  except  the  usual  gratui- 
ties to  Indians  in  consideration  of  Goods  &c.  &c.  unless  such 
gratuities  or  extra  service  monies  be  authorized  by  a  former 
Resolve  in  Council. 

To  prevent  misapprehension  and  abuse,  it  is  Resolved 

23.  That  all  Commissioned  Gentlemen,  having  distinct 
charges,  be  permitted  to  employ  on  the  Voyage  or  inland  one 
of  the  people  appointed  to  the  District  in  the  capacity  of  Cook 
or  Servant  in  addition  to  his  ordinary  duties,  and  that  for  such 
extra  service  he  be  allowed  the  sum  of  £3  in  addition  to  his 
regular  wages,  to  be  put  to  the  credit  of  his  Account  at  the  end 
of  the  year,  provided  the  Contract  wages  of  such  servant  do 
not  exceed  those  of  a  common  Laborer  of  the  District. 


PIONEER    LEGISLATION  751 

And  in  order  to  insure  due  respect  and  attention  to  the 
foregoing  Resolutions,  it  is  Resolved 

24.  Tliat  parties  deviating  from  the  instructions  contained 
in  the  Resolution  on  the  subject  of  Servants,  Wages,  gratui- 
ties, &c.  &c.  be  held  liable  for  the  amount  of  expenses  incurred 
by  such  irregularities,  which  the  Accountants  of  the  several 
Depots  are  hereby  authorized  to  charge  to  their  Accounts  im- 
mediately, from  whence  it  cannot  be  withdrawn,  nor  can  the 
charge  be  remitted  without  special  authority  from  the  Gover- 
nor and  Council  first  duly  asked  and  obtained. 

25.  That  in  renewing  all  Contracts  it  be  distinctly  speci- 
fied that  the  person  hired  be  at  the  rate  of  so  much  per  annum ; 
Wages  and  duty  to  commence  and  be  computed  from  the  1st 
June,  if  hired  in  the  Country,  and  if  hired  in  Britain  or  in 
Canada  the  same  to  commence  and  be  computed  from  the  date 
of  his  embarkation  thence,  and  in  either  case  both  to  be  con- 
tinued to  his  re-embarkation  and  departure  from  the  Depot, 
subject  however,  if  under  the  rank  of  Clerk,  to  work  his  pass- 
age, if  required,  from  thence  in  any  of  the  Company's  Craft  or 
Vessels,  whether  light  or  laden,  without  any  compensation  till 
his  arrival  in  England  or  in  Montreal,  where  his  engagement 
will  cease  also  that  a  clause  be  inserted  therein  requiring  the 
person  hired  to  give  a  year's  notice  of  his  intention  of  retiring 
at  the  expiration  of  his  agreement,  otherwise  he  will  be  re- 
tained and  considered  disposable  for  the  Current  at  the  salary 
of  the  preceding  year's  Outfit. 

26.  That  the  originals  of  all  Contracts  with  Clerks  and 
Servants,  together  with  notices  of  retirement  be  deposited  with 
the  Accountant  at  the  Depot  for  the  purpose  of  being  regis- 
tered. 

27.  That  no  indented  Servant  be  permitted  to  have  advan- 
ces in  the  course  of  the  year  exceeding  three  fourths  of  this 
Current  wages  viz. :  about  half  at  the  Depot  and  one-fourth 
inland. 

28.  That  no  Servant  be  sent  from  one  District  to  another 
without  being  accompanied  with  a  satisfactory  statement  of  his 
account;  and  that  no  advances  except  bare  essentials  be  made 
such  Servant  while  absent  from  his  District  without  a  special 
Order;  and  that  no  servant  be  transferred  from  one  District 
to  another  except  at  the  Depot,  and  with  the  knowledge  of  the 
principal  Accountant. 

29.  That  no  transfers  of  money  from  one  account  to  an- 
other be  allowed  in  the  general  accounts,  but  that  such  be  per- 
mitted in  the  Sale  Shops. 


752  CANADIAN    ARCHIVES 

Much  irregularity  and  in  many  cases  considerable  loss  hav- 
ing arisen  from  the  circumstances  of  the  Account  of  retiring 
Servants  not  'being  transmitted  to  the  Depot  in  the  year  of 
tb.eir  retirement,  it  is  Resolved 

30.  That  all  Gentlemen  in  charge  of  Districts  be  directed 
to  deliver  or  forward  every  Summer  to  the  Gentleman  in 
charge  of  the  Depot,  complete  lists  of  all  Servants,  Freemen 
or  their  families  retiring  from  their  respective  Districts  whe- 
ther to  England,  Canada  or  Red  River  Settlement  together 
with  complete  statements  of  the  Inland  accounts  of  these  peo- 
ple, in  order  that  the  accountant  may  transmit  correct  and 
final  pay  lists  with  them  to  their  several  destinations.  That 
no  Servants  be  allowed  to  retire  without  going  to  the  Depot, 
except  under  particular  circumstances ;  and  the  Gentlemen  in 
charge  of  Districts  be  liable  for  any  loss  arising  from  neglect 
of  this  Resolution. 

31.  That  persons  retiring  from  the  Service,  likewise 
"  Goers  and  Comers  "  be  permitted  tO'  take  with  them  not  ex- 
ceeding 20  pairs  Indian  Shoes,  or  2  Skins  dressed  Leather,  that 
the  baggage  of  Craft  going  to  Canada  be  examined  at  JSTorway 
House  and  Michipicoten,  and  the  baggage  of  all  persons  going 
to  Europe  be  examined  at  the  Depot  on  the  Coast,  and  in  the 
event  of  any  articles  of  Fur,  which  have  not  been  regularly 
purchased  and  paid  for  agreeably  to  the  4th  Resolve,  or  in  the 
event  of  any  Shoes  or  Leather  being  found  among  such  Bag- 
gage exceeding  the  quantities  allowed,  the  same  to  be  forfeited. 

To  prevent  misapprehension  on  the  part  of  Clerks  or  Ser- 
vants in  regard  to  pecuniary  matters,  it  is  Resolved 

32.  That  those  having  funds  or  Balances  due  to  them  by 
the  Fur  trade,  and  who  may  be  desirous  of  making  payments 
in  England  or  Canada  be  directed  to  authorize  the  Governor 
officially,  in  writing,  to  take  the  necessary  steps  for  that  pur- 
pose as  no    other  mode  of  application  will  be  attended  to. 

33.  That  all  supplies  and  advances  furnished  by  one  Dis- 
trict or  Post  for  account  of  Officers,  Servants  and  others  at- 
tached to  another  District  or  Post  be  charged  at  the  established 
sale  prices  detailed  among  the  other  Book  Debts  of  the  place, 
and  the  amount  thereof  entered  in  the  statement  of  advances 
"and  Book  Debts  of  the  District  supplying  the  same,  and  by 
which  District  alone  they  are  to  be  charged  and  taken  notice 
of. 

34.  That  in  Districts  to  which  only  one  Commissioned  Gen- 
tleman is  appointed  he  be  directed  to  furnish  annually  com- 


PIOXEER    LEGISLATION  753 

plete  accounts  of  the  business  thereof  to  the  Accountant  at 
the  Depot ;  and  in  Districts  to  which  two  or  more  Commissioned 
Gentlemen  are  appointed  that  each  be  directed  to  furnish 
accounts  of  the  business  under  their  respective  managements, 
the  same  to  be  annually  transmitted  to  the  person  superintend- 
ing such  District  and  through  him  to  the  Accountant  at  the 
Depot ;  likewise  a  Journal  of  occurrences  with  correct  copies 
of  all  official  correspondence  and  a  report  conveying  every 
requisite  information  in  regard  to  the  state  and  mode  of  con- 
ducting the  Trade  and  exhibiting  a  comparative  statement  of 
the  closing  and  immediately  preceding  Outfits,  together  with 
such  suggestions  in  regard  to  the  improvement  of  the  Trade  as 
may  occur ;  such  report  also  to  contain  an  abstract  of  the  Indian 
population,  exhibiting  the  number  of  men,  women  and  children 
of  both  sexes ;  and  that  all  Clerks  in  charge  of  Posts  be  directed 
to  furnish  similar  accounts  and  statements. 
With  a  view  to  save  Interest  on  Inventories. 

35.  That  they  be  hereafter  classed,  commencing  with  those 
of  June  1835,  under  three  principal  and  distinct  heads  and 
prices  as  follows,  viz. : 

1st  Trading  Goods  to  comprise  all  those  not  damaged  in- 
tended for  Trade  or  Sale  to  Servants  to  be  priced  at  the  esta- 
blished schedule  of  advances  of  the  District. 

2nd  Damaged  and  unsaleable  to  comprise  all  of  that 
■description,  to  be  priced  as  heretofore  at  a  fixed  value. 

3rd  Country  produce  to  comprise  Leather  and  such  other 
produce,  as  the  Minutes  of  Council  authorize  being  valued,  to 
be  at  fixed  prices. 

Xo  stores  or  unproductive  property  of  any  description 
whether  new  or  in  use  such  as  utensils  (Fort  Culinary),  allow- 
ances, Stationery,  Medicines  to  be  valued ;  of  all  which  pro- 
perty every  Commissioned  Gentleman  is  directed  to  take  on 
from  the  Depot  merely  Avhat  is  required  for  the  use  of  the 
District. 

36.  That  Gentlemen  in  charge  of  Districts  and  Posts  be 
directed  to  furnish  annually  wdth  the  Inventories  a  list  of 
the  articles  in  use  at  each  Post,  distinguishing  them  accord- 
ing to  their  condition  as  Good,  Half  worn.  Much  worn,  also 
a  list  of  Cattle  or  other  live  stock  and  the  number  of  Acres 
in  cultivation,  and  quantity  of  seed  sown  for  the  next  crop 
with  quantity  'reaped  the  preceding  Summer.  The  Cattle 
should  be  distinguished  as  Bulls,    Cows,  of  the    several  ages, 

28159—48 


754  CA^AD1AN    ARCHIVES 

Calves  one  year  old,  2  years  old,  3  years  old  and  upwards  with- 
out any  valuation  affixed. 

37.  That  regular  and  correct  accounts  of  all  supplies  fur- 
nished along  the  communication  or  of  property  transferred 
from  one  Post  or  District  to  another  be  delivered  or  forwarded 
accompanying  such  supplies  or  transfers  of  property,  other- 
wise no  charge  tliereof  can  afterwards  be  brought  by  the  Dis- 
trict furnishing  against  the  District  receiving  the  same. 

38.  That  a  list  of  the  Indian  and  Half  breed  and  Freemen 
Trappers  considered  as  appertaining  to  each  District  be  made 
out  and  settled  on  annually  by  the  Gentlemen  in  charge  of 
neighboring  Districts;  and  that  no  hunts  be  received  at  any 
post,  excepting  for  account  or  on  behalf  of  the  place  at  which 
such  hunters  may  have  been  originally  supplied  on  credit ;  and 
in  all  doubtful  cases,  that  such  matters  be  determined  and 
settled  on  by  the  parties  concerned  on  a  fair  &  liberal  principle. 

39.  That  the  Indians  be  treated  with  kindness  and  indul- 
gence, and  mild  and  conciliatory  means  resorted  to  in  order  to 
encourage  industry,  repress  vice  and  inculcate  morality;  that 
the  use  of  spirituous  Liquors  Le  gradually  discontinued  in  the 
few  Districts  in  which  it  is  yet  indispensable;,  and  that  the 
Indians  be  liberally  supplied  with  requisite  necessaries,  parti- 
cularly with  articles  of  ammunition,  whether  they  have  the 
means  of  paying  for  it  or  not;  and  that  no  Gentlemen 
in  charge  of  Districts  or  Posts  be  at  liberty  to  alter  or  vary 
the  Standard  or  usual  mode  of  trade  with  the  Indians  except 
by  special  permission  of  Council. 

In  order  gradually  to  wean  the  Indians  all  over  the 
Country  from  the  use  of  spirituous  Liquors  to  which  they  are 
so  much  addicted,  it  is  Resolved 

40.  That  none  of  that  article  either  for  Trade  Sales  or 
gratuitous  indulgence  to  Servants  or  for  allowances  to  Officers 
be  imported  into  English  River,  Athabasca  or  McKenzies  River 
Districts;  and  that  such  deficiency  on  the  Outfit  be  made  up 
by  a  proportionate  increase  in  the  supplies  of  ammunition  and 
Tobacco. 

The  subject  of  nursing  the  Country  Avith  a  view  to  the 
preservation  of  Beaver  not  being  sufficiently  understood,  it  is 
Resolved 

41.  That  all  Gentlemen  in  charge  of  Districts  and  Posts, 
except  such  as  are  exposed  to  opposition,  exert  their  utmost  in- 
fluence in  discouraging  the  hunting  of  Cub  Beaver  and  of 
Beaver  out  of  season ;  and  that  no  Beaver  traps  or  Springs  be 


PIONEEK  LEGISLATION  755 

issued  from  the  Depot  of  York,  except  for  sale  to  the  Piegan 
Indians  or  those  hunting  foxes  on  the  Coast ;  and  from  the 
Depot  of  Moose  only  for  Lake  Huron  District,  the  Posts  along 
Lake  Superior  and  to  the  Indians  who  hunt  foxes  on  the  Bay 
side,  and  that  in  any  case  where  an  unusual  proportion  of 
Cub  or  unseasoned  Beaver  appears,  the  same  to  be  particularly 
represented  by  the  Gentlemen  superintending  the  Fur  Stores 
to  the  Governor  &,  Council  for  the  information  of  the  llonble 
Committee. 

42.  That  all  Officers  &  Servants  of  the  ^Company  liaving 
women  or  children,  and  wishing  to  leave  the  same  in  the  Coun- 
try on  their  retirement  therefrom,  be  required  to  make  such 
provision  for  their  future  maintenance,  more  particularly  for 
that  of  the  Children  as  circumstances  may  reasonably  warrant 
and  the  means  of  the  Individual  permit;  that  all  those  desir- 
ous of  withdrawing  the  same  from  the  Country  be  allowed 
every  facility  for  that  purpose;  and  that  none  hereafter  be  al- 
lowed to  take  a  woman  without  binding  himself  down  to  sucli 
reasonable  provision  and  maintenance  of  her  &  Children  in  the 
event  of  is?ue,  as  on  a  fair  and  equitable  principle  may  be 
considered  necessary,  not  only  during  his  residence  in  the  Coun- 
try but  after  his  departure  therefrom. 

Regiilations  for  Promoting  Moral  and  Religious  Improvement.^ 

Eesolved  1.  That  for  the  moral  and  relio-ious  improvement 
of  the  Servants,  and  more  effectual  civilization  and  instruction 
of  the  families  attached  to  the  different  Establishments,  and  of 
the  Indians,  that  every  Sunday  divine  service  be  publicly  read 
with  becomins:  solemnity  once  or  twice  a  day,  to  be  re^'ulated 
by  the  number  of  people  and  other  circumstances,  at  which 
every  man,  woman  and  child  resident  will  be  required  to  at- 
tend together,  with  any  of  the  Indians  who  may  be  at  hand  and 
whom  it  may  be  proper  to  invite. 

2.  That  in  course  of  the  week  due  attention  be  bestowed  to 
furnish  the  women  and  children  such  regular  and  useful  oc- 
cupation as  is  suited  to  their  a2;e  and  capacities  and  best  cal- 
culated to  suppress  vicious  and  promote  virtuous  habits. 

*  Additions  to  the  above  regulations  were  made  by  Resolutions  96  of  1830, 
that  "Resolves  88,  91,  92,  95,  98,  99,  100  and  101  of  June,  1837,  be  con- 
sidered as  forming  part  of  the  Standing  Rules  and  Regulaions  and  added 
thereto." 

25159— 48i 


756  CANADIAN  archlvp:s 

3.  As  a  preparative  to  education,  that  the  mother  and 
children  be  always  addressed  and  habituated  to  converse  in  the 
vernacular  dialect  (whether  English  or  French)  of  the  Father, 
and  that  he  be  encouraged  to  devote  part  of  his  leisure  hours 
to  teach  the  children  their  A.  B.  C.  and '  Catechism  together 
with  such  further  elementary  instruction  as  time  and  circum- 
stances may  permit. 

That  Chief  Factors,  Chief  Traders  and  Clerks  in  charge 
of  Districts  or  Posts  be  directed  to  take  the  proper  measures 
for  carrying  these  Regulations  into  effect  among  the  Com- 
pany's Servants  families  and  Indians  attached  to  their  respec- 
tive charges. 

With  reference  to  the  20th  Resolution  of  the  foregoing 
Rulesand  Regulations,  it  is  Resolved 

1.  That  the  wages  of  fishermen  employed  at  such  Posts 
as  are  entirely  or  principally  dependent  on  fish  be  £19 
instead  of  £17  p.  annum  wages;  but  that  no  more  than  one 
person  at  each  Post  so  maintained  will  be  allowed  such  extra 
pay  and  that  the  Blacksmiths  employed  at  inland  Posts  be  al- 
lowed £25  p.  annum  instead  of  the  wages  of  the  steersman  of 
the  District. 

With  reference  to  the  23rd  Resolution  of  the  foregoing 
and  Regulations,  it  is  Resolved     , 

2.  That  the  wages  of  servants  acting  in  the  capacity  of 
cook  or  gentleman's  w^aiting  man  shall  in  no  case  be  allowed 
to  exceed  £17  p.  annum,  and  that  the  additional  gratuity  here- 
tofore given  to  persons  acting  in  that  capacity  shall  in  future 
be  allowed  only  to  such  servants  as  on  the  summer  voyage  to 
and  from  the  wintering  grounds  act  in  the  capacity  of  cook 
or  waiting  man  independent  of  his  duty  as  one  of  the  regular 
crew  of  the  craft  in  which  he  may  be  employed  except  the 
cooks  employed  at  the  Depots  of  York,  Vancouver,  Moose, 
N'orway  House  &  Ft.  Garry  Red  River  Settlement, 

With  reference  to  the  24th  Article  of  the  foregoing  Rules 
and  Regulations  It  is  Resolved 

3.  That  the  accountants  at  the  different  Depots  instead  of 
debiting  the  private  accounts  of  the  Gentlemen  deviating  from 
the  instructions  contained  in  the  Resolutions  on  the  subject  of 
servants,  wages,  gratuities  &c.  with  extra  wages  or  gratuities 
be  instructed  to  forward  to  the  Governor  and  Council  annually 
a  list  of  such  extra  wages  or  gratuities  to  be  considered  and 


PIONEER  LEGISLATION  75Y 

determined  on  by  Council  previous  to  being  charged  to  private 
account, 

(Signed)  George  Simpson  Governor 

John  Charles  C.F. 

John  Rowand        " 

Peter  W.   Dease  " 

Allan  McDonell   " 

Donald  Eoss         C.T. 

William  Todd       " 

Richard  Grant       "  ' 

Is^rway  House,  23rd  June  1836. 

Minutes  of  Council,  1837 

Minutes  of  Council  held  at  jS^orway  I-Iou>e,  jSTorthern 
Department  of  Rupert's  Land,  which  commenced  on  the  27th 
day  of  June,  One  Thousand  Eight  Hundred  and  Thirty-seven, 
for  the  purpose  of  establishing  such  Rules  and  Regulations  as 
may  be  considered  expedient  for  conducting  the  business  of 
said  department;  and  in  order  to  inve-tigate  the  trade  of  last 
year  conformably  to  the  Provisions  of  a  Deed  Poll  under  the 
seal  of  the  Governor  and  Company  of  Adventurers  of  England 
trading  into  Hudsons  Bay  bearing  date  the  6th  day  of  June 
One  Thousand  Eight  hundred  and  Thirty-four,  at  which  were 
present  the  following  members  : — 

George  Simpson,  Governor  in  Chief. 

John  Charles,  Chief  Factor. 

John  Rowand  do 

Allan  McDonell  do 

John  Lee  Lewes  do 

Roderick  McKenzie  do 

Duncan  Finlayson  do 

Donald  Ross,  Chief  Trader. 

Resolved  1.  That  the  other  Chief  Traders  be  invited  to 
attend  and  in  consequence  the  following  were  present,  William 
Todd  and  James  Hargrave. 

2.  That  the  rotations  of  Furlough  for  the  Current  year 
183 Y  are  in  favour  of  Chief  Factors  Allan  McDonell,  P.  W. 
Dease  and  John  Lee  Lewes. 

3.  That  Chief  Factors  Allan  McDonell,  P.  W.  Dease  and 
John  Lee  Lewes  having  been  permitted  to  enjoy  the  benefit  of 


758  CANADIAN    ARCHIVES 

tLeir  rotations  in  anticijiation,  tlicy  are  no  longer  at  ]ilK>rry  to 
avail  themselves  thereof;  that  of  Allan  McDonell  is  tliorefore 
afforded  to  Edward  Smith;  that  of  P.  W.  Dease  to  Dnnean 
Finlajson  and  that  of  John  Lee  Lewes  to  James  Mc]\rillan. 

4.  That  the  rotations  of  Furlongh  for 'the  current  vear 
1837  are  in  favour  of  Chief  Traders  John  Work  and  William 
Todd  who  do  not  avail,  themselves  thereof;  they  are  therefore 
transferred  to  James  Hargrave  and  Nicol  Finlayson. 

5.  That  an  extension  of  Furlough  or  leave  of  ahsence  be 
afforded  to  Chief  Factor  John  Stuart,  and  to  Chief  Traders 
Hugh  Farias,  Cuthbert  Cummings,  Francis  Heron  and  John 
Tod  until  25th  April,  1838,  when  they  are  hereby  directed  to 
present  themselves  at  Lachine  for  the  purpose  of  proceeding 
to  such  Wintering  Grounds  as  they  may  hereafter  be  appointed 
to,  either  by  the  Governor  and  Committee  or  bv  the  Governor 
and  Coimcil  in  the  absence  of  further  instructions  from  either 
the  Council  of  the  l^orthern  and  Southern  Departments  on 
this  subject. 

In  order  to  guard  against  any  misapprehension  with  regard 
to  the  Furloughs  for  the  three  ensuing  years,  it  is  Resolved 

6.  That  they  be  considered  as  in  favour  of  Chief  Factors 
Roderick  McKenzie,  Duncan  Finlayson  and  Peter  S.  Ogden 
with  Chief  Traders  James  Hargrave  and  Nicol  Finla"^'^on  for 
1838-39;  in  favour  of  Chief  Factors  Alexr.  R.  McLeod,  Colin 
Robertson  and  John  George  McTavish  with  Chief  Traders 
Richard  Hardisty  and  John  Tod  for  1839-40,  and  in  favour  of 
Chief  Factors  George  Keith,  J.  D.  Cameron  and  John  Charles 
with  Chief  Traders  John  McLeod,  Junr.  and  ]\[urdocli  ]\Tc- 
Pherson  for  1840-41,  but  that  as  Chief  Factors  Duncan  Fin- 
layson in  1837-38,  Colin  Robertson  in  1832-33,  1833-34, 
1834-35,  1835-36  and  1836-37  and  J.  D.  Cameron  in  1835-36, 
likewise  Chief  Traders  James  Ilirgrave,  Nicol  Finlayson  and 
John  Tod  in  1837-38  have  been  absent  from  the  service  either 
on  exchange  of  furlough  or  on  account  of  ill-health,  they  be  not 
allowed  to  take  advantage  of  the  rotations  of  Furlough  afore- 
stated. 

7.  That  Chief  Factor  John  McLoughlin  be  instructed  to 
proceed  to  England  via  Cape  Horn  agreeably  to  the  instruc- 
tions contained  in  the  4th  paragraph  of  the  Governor  &  Com- 
mittee's Dispatch  of  Feby.  1837. 

8.  Tliat  the  following  app  (intnients  take  pLice. 


riONEER   LEGISLATIOX 


"59 


IJistr'ids. 

Athabasca 
McKenzies  Kiver 
English  River 
Saskatchewan 

Swan  River 
Red  River 
Lac  la  Pliiie 
Norway  House 
York 


Chief  Factors. 
Alexr  R,  McLeod 

Rodk  McKenzie 
John  Rowand 
John  Lee  Lewes 
William  Todd 
Alexr  Christie 
x\llan  McDonell 


John  Charles 


New  Caledonia  P.  S.  Ogden 

Arctic  Expedition      P.  W.  Dease 


Chief  Traders. 

Colin  Campbell 
Murdh  Mcpherson 


J.  E.  Harriott 


33onald  Ross 
Geo.  Gladman 
Richard   Grant 
James  Douglas 
John  Work 
Robert  Cowie 
John  McLeod,  Jnr. 
Samuel  Black 
Archd  McDonald 
Alexr  Fisher 


9.   That  the  following  arrangements  take  place — 


A  thabasca — Dun  vegan, 


A.  R.  McLeod,  C.F. 


Fort  Chippewyan,  Colin  Campbell,  C.T. 
Vermilion,  Chas.  Roussain,  P.Mr. 

Great  Slave  Lake,  Francis  Butcher,  Clk. 

10.  That  4  Boats,  2'9  men  including  the  Guide  and  about 
250  pieces  Goods  constitute  the  Current  Outfit  of  tliis  District. 

11.  That  Chief  Factor  Alexr  R.  McLeod  accompany  his 
Brigade  to  jSTorway  House  Summer  1838  for  the  purpose  of 
attending  to  the  business  of  the  District  and  that  the  Commis- 
sioned Gentlemen,  Clerks  and  Postmasters  attached  to  the 
District  remain  inland  and  be  appointed  as  Chief  Factor 
McLeod  may  consider  expedient. 

The  encouragement  afforded  by  Athabasca  and  McKenzies 
Riyer  Districts  for  the  assembling  of  Indians  in  large  bodies  at 
Portage  la  Loche  being  found  exceeding  injurious  to  the  inter- 
ests of  English  River  District,  and  likely  to  become  dangerous 
to  the  passing  Brigades,  it  is  Resolved 

12.  That  the  Gentlemen  in  charge  of  Brigades  belonging 
to  those  Districts  be  strictly  prohibited  from  affording  such 
encouragement  in  future  either  by  payment  on  public  account 


760  CANADIAN    ARCHIVES 

or  by  private  payment  oil  the  part  of  the  people  for  assistance 
in  transporting  the  Ontfits  or  Eeturns  on  that  Portage. 

13.  Slimmer  Arrangements — 

Athabasca — TJimvegaii,  2  men  incg.   Interpreter. 

Ft.  Chippewyaii,    3  do     - 

Vermilion,  2  do 

Gt.  Slave  Lake,     2  do 

14.  That  Chief  Factor  Charles  take  the  necessary  measures 
to  prepare  and  forward  about  200  pieces  Goods  to  jSTorway 
House  for  Athabasca  Outtit,  1838,  by  Indians  or  Ked  River 
.Carriers. 

15.  That  encouragement  be  afforded  for  collecting  as  much 
dressed  Leather,  Sinews,  Babiche  and  Pack  Cords  as  possible; 
and  that  what  cannot  be  brought  to  the  Depot  be  carefully 
laid  past  inland,  as  a  large  quantity  will  be  required  in  the 
course  of  two  or  three  years  for  Xew  Caledonia. 

16.  Winter  Arrangements — 

McKenzies  Eiver — Ft.  Simpson,  Murdh.  McPherson,  C.T. 
Rivre  au  Liard,  Chas.  Brisbois,  Clk. 
Fort  I^orman,  Adam  McBeath,  P.M. 
Fort  Good  Hope,  John  Bell,  Clk.' 
Deases  Lake,  liobt.  Campbell,  Clk. 
A.  P.  McLeod,  Jnr. 

17.  That  about  250  pieces  Goods  in  4  Boats  navigated  by 
33  men  including  the  Guide,  27  of  whom  to  be  Red  River  men 
hired  for  the  trip  and  6  men  under  contract  as  regular  Ser- 
vants who  are  intended  for  the  District  in  order  to  replace 
retiring  and  deceased  Servants  constitute  the  Current  Outfit. 

The  extraordinary  statement  made  by  Mr.  Hutchison  res- 
pecting the  failure  of  his  Mi-ssion  to  the  west  branch  of  the 
Liard  River  for  the  purpo  e  of  establishiuT  Deases  Lake  hav- 
ing been  attentively  perused  and  considered  to  be  founded  on 
groundless  apprehensions,  it  is  Resolved 

18.  That  Chief  Trader  McPherson  take  the  necessary  steps 
to  estnblish  that  Post  without  delav;  and  that  he  be  instructed 
to  convey  to  Mr.  Robert  Cnmpbell  the  npnrobation  of  Council 
for  his  spirited  offer  to  conduct  that  service. 

19.  Summer    Arran<iTments — 

McKenzies  River — Ft.  Simpson,  ]\[rdk.  McPherson,  C.T 

Rivre   au  Liard,       Chas.  Brisbois,  Clk. 
Fort  Norman,  Adam  McBeath,  P.Mr. 

Ft.  Good  Hope,        John  Bell.  Clk. 
Dease's  Lake,  Robt.  Campbell. 

A.  R.  :McLeod,  Jnr.  Clk 


PIOIVEER   LEGISLATIOX  761 

20.  That  Chief  Trader  McPherson  accompauj  the  Brigade 
to  Portage  la  Loche  Summer  1838,  and  that  the  Clerks  and 
Postma>ters  attaclied  to  the  District  remain  Inland  and  be 
appointed  as  Chief  Trader  McPherson  may  consider  expedient. 

21.  That  Chief  Factor  Charle?  take  the  necessary 
measures  to  prepare  and  forward  in  the  course  of  the  Summer 
about  250  ps.  Goods  to  Xorway  House  for  Outfit  1838,  the 
same  to  be  transported  thence  from  Portage  la  Loche  in  4 
Boats  to  start  on  or  before  the  15th  June  1838  manned  by  a 
Guide  and  28  men,  of  whom  22  are  to  be  engaged  for  the  trip 
at  Red  River,  and  6  Servants  under  engagements  of  not  less 
tban  three  years  to  replace  retiring  Servants. 

In  order  to  save  the  heavy  expense  incurred  by  Canadian 
Servants  coming  out  from  this  District  too  late  to  retire  to 
Canada  the  same  season,  it  is  Resolved 

22.  That  in  future  European  Servants  only  be  .=ent  to 
Mclvenzies  River  who, .  when  they  retire  will  always  reach 
York  Factory  in  time  to  return  to  England  by  the  Ship. 

23.  Winter  Arrangements — 

English  River — Isle  a  la  Crosse,  Rodk  ]\rclvenzie,  C.F. 
Rapid  River,         G.  Deschambeault,  Clk. 
Green  Lake,  Thos.  Hodgson,  Intr. 

24.  That  120  pieces  Goods  in  2  Boats  manned  by  13  men 
including  the  Guide  constitute  the  current  .  Outfit  for  this 
District. 

25.  Summer  Arrangements — ■ 

English  River — Isle  a  la  Crosse,  G.  Deschambeault  &  2  men. 
Rapid  River,       1  man. 

26.  That  a  quantity  of  dried  provisions  equal  to  80  Bags 
Pemican  be  provided  and  forthcoming  for  the  use  of  the  out- 
Avard  and  inward  bound  Xorthern  Craft,  Spring  and  Summer 
1838. 

27.  Winter  Arranoements — 

Saskatchewan — Edmonton,  John  Rowand,  C.F. 

William  Thew,  Clk. 

Carlton,  Patk.  Small,  Clk. 

Rocky  Mountn.  Ho.,  J.  E.  Harriott,  C.T. 

Ft.  Assiniboine,  John  Rowand,  Jnr.,  Clk 

Jaspers  House.  An  Interpreter. 

Lesser  Slave  Lake,  George  McDougall,  Clk 

Fort  Pitt,  Henry  Fisher, 

Cumberland,  John  Lee  Lewes,  C.F. 

Moose  Lake,  An  Interpreter. 


'iQ2  CANADIAlSr    AECIIIVES 

28.  That  550  pieces  Goods  in  9  Boats  manned  by  4G  Ser- 
vants belonging  to  the  District  constitute  the  Current  Outfit 
and  that  the  Crews  be  made  up  by  voyaging  Servants  beh)nging 
to  the  Columbia  and  ISTew  Caledonia  Districts. 

29.  That  600  Bags  Pemican  be  provided  by  the  Saskatche- 
wan District  for  the  service  of  next  year ;  100  Ijag-^  of  which 
to  be  left  at  Cumberland  and  the  remainder  taken  to  Norway 
House ;  and  that  all  the  surulus  Grease  collected  in  the  Dis- 
tiict  be  brought  to  the  Depot  in  a  clean  and  rendered  state  for 
exportation. 

30.  That  a  Boat  and  2  men  be  left  at  York  for  the  purpose 
of  conveying  12  of  the  Servants  coming  from  Europe  by  the 
Ship  inland ;  where  it  is  understood  they  shall  pass  the  Winter, 
6  of  whom  to  be  brought  to  the  Depot  next  Summer  for  general 
distribution. 

31.  That  the  'New  Caledonia  requisition  for  Leather,  &c. 
be  provided  at  Jaspers  House  to  be  taken  thither  in  course  of 
next  Summer  by  G  of  the  recruits  coming  by  the  Ship  and  to 
be  forwarded  as  supernumeraries  this  ensuing  Fall,  the  rest 
to  remain  inland  and  to  be  appointed  to  the  Columbia  depart- 
ment next  Summer.  The  Leather  &c.  to  be  transported  from 
Jaspers  House  by  the  Columbia  Portage  to  Okanagan. 

32.  Summer  Arrangements — 
Saskatchewan — Edmonton,  J.  E.  Harriott,  C.T. 

J.  Rowand,  Jnr.,  Clk.  &  12  men 
Carlton,  Patk.  Small,  Clk.  &  7  men. 

Et.  Assiniboine,  An  Interpreter  &  1  man. 
I^esser  Slave  Lake,  Geo.  McDougall,  Clk. 
Port  Pitt,  Henry  Eisher,  Clk.  &  4  men. 

Jaspers  House,  An  Interpr.  &  1  man. 
Cumberland,     J.  Lee  Lewes,  C.F.  &  2  men, 

33.  That  the  Commissioned  Gentlemen,  Clerks  &  Post- 
masters attached  to  the  District  remain  inland  and  be  appoint- 
ed as  the  Chief  Eactor  superintending  the  District  may  con- 
sider expedient,  unless  the  services  of  one  or  more  Clerks  be 
required  to  accompany  the  Brigade  to  the  Depot. 

34.  That  Chief  Eactor  Powand  be  instructed  to  provide 
14  new  Boats  of  not  less  than  28  feet  Keel  for  general  distribu- 
tion at  Norway  House. 

35.  Winter  Arrangements — 

Swnn  Piver— Eort  Pellv,  William  Todd,  C.T. 

Port  Ellice,  J.  P.  McKay,  P.  Mr. 
]\ranitobah,  Eras.  Pichard,  P.  Mr. 
Shoal  Piver,  An  Interpreter. 


PIOXEER  LEGISLATION  7G3 

36.  That  about  200  pieces  Goods  constitute  the  Current 
Outfit  for  this  District  with  15  voyaging  Servants,  100  pieces 
of  these  Goods  to  be  taken  up,  from  the  Depot  in  2  Boats  for 
the  trade  of  Fort  Pelly,  Manitobah  and  Shoal  River  Posts  and 
the  remainder  taken  up  for  the  trade  of  Fort  Ellice,  the  crews 
of  these  Boats  to  be  made  up  of  6  men  by  Trippers  and  the 
Cargoes  to  be  70  pieces  p.  Boat  by  Goods  on  freight  to  Norway 
House. 

37.  That  Chief  Trader  Todd  be  instructed  to  take  the 
necessary  steps  to  provide  300  Bushels  Salt  for  the  use  of  Red 
River  Settlement  deliverable  at  the  north  end  of  Manitobah 
Portage  from  whence  it  will  be  removed  in  course  of  the  sea- 
son, price  not  to  exceed  8/  p.  Bushel;  and  50  Bushels  to  be 
delivered  at  Norway  House  for  general  distribution. 

38.  Summer  Arrangements — 

Swan  River — Fort  Pelly,  3  men  incg.  Interpretr. 

Fort  Ellice,  J.  R.  McKay,  P.M.  &  7  men. 
Manitobah,  Frs.  Richards,  P.  Mr. 
Shoal  River,  A  Labourer. 

39.  Winter  Arrangements — 

Red  River — Fort  Garry,  Alexr.  Christie,  C.F. 

John   Ballenden,   Clk. 

Allan  McMillan,  Clk. 
Lower  Fort,  Hector  McKenzie,  Clk. 

Pierre  LeBlanc,  P.  Mr. 
Warden  of  the  Plains,  Cuthbert  Grant. 
Expermt.  Farm,  Geo.  Cary  &  15  men. 

40.  That  the  necessary  buildings  for  establishing  a  Distil- 
lery be  erected  at  the  Lower  Fort. 

In  order  to  simplify  the  accounts  of  this  District  which 
have  hitherto  been  rendered  complicated  by  a  variety  of 
Tariffs,  it  is  Resolved 

41.  That  all  Goods  sold  to  Officers  and  Servants  likewise 
such  as  may  be  supplied  to  Districts  be  charged  at  the  Retail 
Tariff  of  the  Settlement. 

42.  That  Chief  Factor  Christie  be  instructed  either  to  hire 
Tripmen  or  to  contract  with  Carriers  for  the  transport  of 
Goods  for  the  use  of  the  Settlement  between  York  Factory 
and  Norway  House;  and  in  either  case  that  no  Indians  be 
employed  under  any  circumstances  or  any  consideration  as  a 
means  of  discouraging  the  migration  of  Indians  to  the  Settle- 
ment which  has  of  late  years  taken  place  to  a  dangerous  ex- 
tent. . 


764  CAXADIAN    ARCHIVES 

43.  That  supplies  for  the  use  of  the  Colony  Shop  and 
Indian  Trade  amounting  to  about  1600  pieces  be  provided  and 
forwarded  on  Freight;  and  the  Establishment  of  Servants  be 
as  follows. 

Forks,  3  servants. 
Lower  Fort,  2  servants. 

44.  That  tradesmen  and  labourers  be  employed  in  erecting 
and  completing  the  necessary  buildings  for  the  new  Establish- 
ment of  Fort  Garry. 

45.  That  the  following  supplies  be  provided  at  the  Colony 
for  exportation  to  Norway  House  Summer  1838  made  up  in 
sound  and  transportable  packages  at  the  annexed  prices  viz. : 

10    Cwt.  Beef  @  3d.  p.  lb. 

20     "      Biscuit  "  3d.     " 

50  Firkins  Butter  "  Yd.     " 

3  Cwt.   Cheese  "  6d.     " 

1000     "      1st  6c  2nd  Flour  (kiln  dried)   12/  p.  Cwt.  incg. 

packing. 
30  Pork  Hams  @  6d.  per  lb. 

10  Cwt.  Pork  "  3d.       " 

15  Assortments  Garden  Seeds  @  18/  ea. 
100  Portage  Straps,  2/. 

46  That  a  Guide  and  22  men  be  engaged  for  the  McKenzies 
River  District  transport  and  the  Fall  Freight  from  York  tc 
Red  River  at  £25  to  the  Guide  £16  to  the  Steersman  £14  to 
the  Bowsman  and  £12  to  the  Middleman. 

47.  That  in  all  cases  of  payments  in  Canada  for  Goods  or 
Cash  supplied  in  Red  River,  an  exchange  of  7  p.  Cent  be  added 
to  the  Sterling  amount  before  converting  it  into  Halifax  Cur- 
rency. 

48.  Winter  Arrangements — 

Lac  la  Pluie — Fort  Frances,  William  Sinclair,  Clk. 

Lac  du  Bois  Blanc,     James  Isbister,  Intr. 

Rat  Portage,  Dond.  McKenzie,  Clk. 

Ft.  Alexander,  Allan  McDonald,  C.F. 

Charles  Forrest,  P.M. 

49.  That  about  300  pieces  Goods  with  a  complement  of  12 
voyaging  Servants  constitute  the  Current  Outfit ;  140  pieces 
of  these  to  be  taken  from  York  to  Norway  House  in  two  Boats 
manned  by  12  voyaging  Servants,  and  the  remaining  120 
pieces  to  be  transported  to  Norway  House  on  Freight;  and 
from  Norway  House  the  whole  to  be  transported  in  4  Boats 


PIOXEEE   LEGISLATION  765 

manned  by  3  men  each  vnth  the  assistance  of  Indians.  The 
usual  quantity  of  Country  produce  to  be  supplied  from  Red 
River. 

50.  That  the  sum  of  Three  hundred  pounds  Sterling  be 
paid  by  draft  on  the  Governor  &  Committee  to  William  A. 
Aitken  Esqre.  of  the  American  Fur  Company  in  consideration 
of  the  opposition  having  been  withdra^^^l  during  the  past  Out- 
fit from  the  frontiers  of  Lake  Superior,  Lac  la  Pluie,  Winipeg 
and  Red  River  Districts  conformably  to  the  terms  of  an 
arrangement  entered  into  between  Governor  Simpson  and  Mr. 
Aitken  as  p.  correspondence  dated  31st  March  1833,  the  said 
amount  to  be  charged  to  Lac  la  Pluie  District  Outfit  1836. 

51.  Summer  Arrangements — 

Lac  la  Pluie — Fort  Prances,  Wm.  Sinclair  &  3  men  inch  Intr. 
Ft.  Alexander,  A  Clk,  or  P.M.  &  2  men. 
Rat  Portage  do  do  do 

52.  Winter  Arrangements — 

Norway  House — Xorway  House,  Dond.  Ross,  C.T.,  &  5  men 

&    an    Appce.    Clk.    from 
England. 
Berens  River,  Robt.  Cummings,  P.^L,  &  2  men. 
Xelson  River,  John  Isbister,  P.M.,  &  3  men. 

53.  That  2  voyaging  Servants  belonging  to  the  District 
assisted  by  22  Indians  to  be  engaged  for  that  purpose  be 
employed  in  making  one  trip  between  York  and  Xorway  House 
with  3  Boats  carrying  80  pieces  each  p.  trip  upwards ;  240 
pieces  in  all ;  70  pieces  of  which  to  form  the  Outfits  for  the 
first  and  second  Posts  and  50  pieces  for  the  third  Post ;  the 
remaining  120  pieces  Goods  on  Freight,  the^e  Outfits  to  be 
taken  on  to  the  difi"erent  Posts  by  the  Servants  of  the  District 
assisted  by  Indians. 

54.  Summer  Arrangements — 

ISTorway  House — ISTorway  House,  Dond.  Ross,  C.T.  &  5  men. 
Berens  River  Robt.  Cummings  &  1  man. 
l^elson  River,      John  Isbister. 

55.  That  with  the  exception  of  Red  River  produce  no  sup- 
plies of  any  description  be  given  either  to  Districts  or  Servant^ 
from  this  Establishment. 

56.  Thit  the  two  decked  Vessels  be  laid  up  for  the  ensuinsr 
Winter  at  Red  Rive^-:  rnd  that  the.  Crews  be  employed  as  may 
be  required. 


7GG  CAXADIAN    AKCHTVES 

57.  Winter  and  Sunimev  Arrangements — 
York— York  Factory,  John  Charles,  C.F. 

Eieliard  Grant,  C.T. 

E.   II.   Whiifen,   Surgeon. 

William  McTavish,  Clk. 

John  Randall,   P.Mr.    - 

An  Appce  Clk  from  England. 
Churchill,  Robert  Harding,  Clk, 

Severn,  Robert  Wilson,  P.M. 

Oxford  House,  Geo.  Gladman,  C.T. 
Island  Lake,     Wm.  McKay,  P.M. 

58.  That  notwithstanding  the  appointment  of  Mr.  Glad- 
man  to  Oxford  House  it  is  to  be  understood  his  principal  duty 
is  that  of  accountant  at  York  where  he  is  to  remain  until  after 
the  departure  of  the  Ship  for  England  and  return  to  the  Estab- 
lishment by  the  first  craft  in  Spring. 

59.  That  Chief  Factor  Charles  avail  himself  of  the  Ser- 
vices of  the  most  efficient  person  he  can  find  at  York  for  the 
management  of  the  Fur  Store  during  the  Summer. 

60.  That  30  men  including  Mechanics  and  the  Crew  of  the 
Frances  Schooner  constitute  the  Summer  and  Winter  Estab- 
lishment of  York  Factory. 

Resolved  61.  That  80  pieces  Goods  to  be  transported  in 
a  Boat  manned  by  1  men  from  York  constitute  the  Current 
Outfit  for  Island  Lake  District. 

62.  Summer  Arrangements — • 

Island  Lake — Oxford  House,  Wm.  McKay,  P.M.  &;  1  man. 
Island  Lake,  1  man. 

63.  That  Chief  Factor  Charles  be  directed  to  employ  4 
Boats  manned  by  32  Indians  and  a  Guide  in  performing  a 
double  trip  between  the  Depot  and  l^orway  House,  in  the 
transport  of  Goods  and  returns ;  the  lading  of  each  Boat  up- 
wards to  be  80  pieces  and  downwards  70  pieces ;  5  of  which 
to  be  left  at  Oxford  House  and  the  remaining  65  pieces  per 
Boat  to  be  delivered  at  York. 

64.  That  6  men  constitute  the  Winter  &  Summer  Estab- 
lishment of  Churchill  with  an  Outfit  amounting  to  about  100 
pieces  Goods  and  provisions'  to  be  transported  from  York 
during  the  Summer  by  the  Frances  Schooner. 

65.  That  60  pieces  Goods  and  provisions  with  3  Servants 
constitute  the  Current  Outfits  of  Severn;  and  that  Robert 
Wilson  Postmpster  with  one  of  these  Servants  remain  at  the 


PIONEER  LEGISLATION  Y67 

Post  during  the  Summer,  and  the  other  two  proceed  to  York 
early  in  June  for  the  purpose  of  being  employed  there  during 
the  summer. 

66.  Columbia  xVrrangements — 
Fort  Vancouver — James  Douglas,  C.T. 

Robert  Cowie,  C.T. 

H.  Beaver,  Chaplain. 

W.  G.  Rae,  Clk. 

Geo.  T.  Allan,  Clk. 

Benjamin  McKenzie,  Clk. 

Wm.  F.  Tolmie,  Clk  &,  Surgeon. 
Xasqually — Wm.   Kittson,  Clerk. 
Fort  Langlej' — James  M.  Yale,  Clerk. 
Fort  George — John  Dunn,  P.Mr. 
Fort  Simjj^on — John  Work,  C.T. 

John  Kennedy,   Surgeon. 
Fort  McLoughlin — Donald  Manson,  Clk. 

John  ]\fcLoiighlin,  Surgn. 
Umpqiia   Fort — -James   Birnie,    Clk. 
TJmpqua  Expedn — ]\liehc4  Lefrnmboise,  P.Mr. 
Shipping  Beaver,      D.  Home,  Commander. 

Nereid,     Wm.  H.  MclSTeil,  Commander. 
Cadboro,  Wm.  Brotchie,  Commander. 
Fort  Colvile,  Arehd.  McDonald,  C.T. 

Coutoiiais,  Charles  Ross,  Clk. 

Flat  Heads,  Frs.  Ermatinger,  Clk. 

Thompsons  River,  Samuel  Black,  C.T. 
Okanagan,  An  Interpreter. 

]SIez  Percez,  An  Interpreter. 

River  Roussie,        Thomas  McKay,  Clk. 
Snake  Expedition,  John  McLeod,  C.T. 
Dond.  McLean,  P.M. 

67.  That  it  be  discretionary  with  Chief  Trader  Douglas  to 
make  the  appointments  of  the  Gentlemen  attached  to  Fort  Van- 
couver and  the  lower  establishments  of  the  Columbia ;  likewise 
the  Coasting  Trade,  Expeditions,  Shipping  &c.  as  he  may  con- 
sider expedient;  and  also  that  it  be  discretionary  with  the 
Senior  Commissioned  Officer  in  the  upper  part  of  the  Colum- 
bia to  make  the  appointments  of  the  Gentlemen  attached  to 
that  branch  of  the  business  as  he  may  find  necessary. 

6S.  That  20  men  be  provided  for  this  District  to  accom- 
pany the  Saskatchewan  Brigade  under  the  charge  of  Chief 
Factor  Rowand  until  thev  reach  Edmonton  and  from  thence 


T68  CANADIAN    xiRCIIIVKS 

proceed  under  the  Charge  of  Charles  Ross  to  Colvile;  thence 
to  Vancouver  under  tlie  charge  of  John  McLonghlin  unless 
these  Gentlemen  may  receive  further  instructions  from  Chief 
Trader  Douglas  en  route  by  which  they  will  regulate  their 
movements. 

69.  That  Chief  Trader  Douglas  take  the  necessary  steps 
to  employ  the  shipping  in  the  Coasting  &  Timber  Trades  and 
to  carry  into  effect  the  objects  noticed  in  the  Governor  and 
Committee's  Dispatch  of  25th  Jany.  1837  and  in  Govr.  Simp- 
son's letter  of  1837. 

70.  ]^e\v  Caledonia   Arrangements — ■ 

Stuarts  Lake,     P.  S.  Ogden,  C.F.  &  Archd.  McKinley,  Clk. 

Frazers  Lake,     Alexander  Anderson,  Clerk. 

McLeods  Lake,  Paul  Frazer,  Clerk. 

Alexandria,         Alexr.  Fisher,  C.T. 

Chilcotins,  Wm.  F.  Lane,  Clk. 

Conollys  Lake,    John  McKintosh,  Clk. 

Fort  George,      Porteous,  Clk. 

Babines,  Wm.  McBean,  Clk. 

71.  That  it  be  discretionary  with  Chief  Factor  Ogden  to 
make  the  appointments  of  those  Gentlemen  as  he.  may  consider 
expedient. 

72.  That  a  Blacksmith  be  jirovided  for  the  District  and 
that  he  proceed  with  Mr.  Porteous  via  Okanagan,  Thompsons 
Eiver  and  Alexandria. 

73.  That  Chief  Factor  Ogden's  requisition  for  Leather  &c. 
be  provided  at  Jaspers  House  by  Chief  Factor  Powand  and  be 
forwarded  by  the  Columbia  Portage  to  Okanagan. 

With  reference  to  further  arrangements  connected  with  the 
District,  it  is  Eesolved 

74.  That  the  same  be  determined  by  Letter  to  be  written 
0.  F.  Ogden  by  Governor  Simpson. 

75.  Ungava  Arrangements — 
L'ngava — John  ^fcLean,  Clerk. 

Erland  Erlandson,  Clerk. 

7C.  That  the  Brig  Eagle  be  dispatched  as  early  as  the  navi- 
gation opens  with  instructions  to  touch  at  Ungava ;  there  to  land 
an  Outfit  for  that  District  and  afterwards  proceed  with  the 
Returns  that  may  be  shipped  on  board  of  her  there  for  Eng- 
land, taking  as  passengers  to  Ungava  Mr.  McLean  and  6 
servants,  and  from  thence  any  servants  retiring  to  Europe. 

77.  That  the  Gentlemen  in  charge  of  the  Districts  and  Posts 
of  Athabasca  and  ]McXenzies  river  comply  with  any  demands 


PIONEEE    LEGISLATION  769 

whatsoever  connected  with  their  respective  charges  that  may 
be  made  by  Chief  Factor  Dease  or,  in  his  absence,  by  Mr. 
Thomas  Simpson  in  aid  of  the  Arctic  Discovery  Expeflition. 
Chief  Trader  Heron  having  obtained  leave  of  absence  during 
the  Current  year  on  the  ground  of  indispositon  and  thereby 
unable  to  appear  and  answer  the  charges  of  intemperance 
brought  against  him,  it  is  Resolved 

78.  That  the  enquiry  and  examination  of  that  case  be  de- 
ferred until  next  year. 

79.  That  an  allowance  of  £100  with  the  usual  supplies  of 
Tea,  Sugar  &c.  be  made  to  the  Catholic  Mission  of  Red  River 
Settlement  for  the  Current  Outfit. 

80.  That  an  allowance  of  £100  be  made  to  Dr. 
Bunn  for  medical  attendance  on  the  Honble.  Company's 
Establishments  at  Red  River,  the  retired  servants  who  cannot 
aiford  to  pay  for  such,  and  other  pauper  settlers  for  the  Current 
Outfit. 

81.  That  an  allowance  be  made  to  the  Revd.  Mr.  Jones  in 
aid  of  the  Boarding  Schools  under  his  management  for  the 
Current  Outfit. 

The  Revd.  Mr.  Jones  having  by  his  Letter  of  17th  June 
1837  given  notice  of  his  intention  to  discontinue  the  manage- 
ment of  the  Red  River  boarding  School,  and  Mr.  McCallum 
having  expressed  a  willingness  to  undertake  that  charge  pro- 
vided the  Company  become  the  Purchasers  of  the  buildings 
and  will  grant  him  a  lease  of  the  same  for  a  term  of  five  years 
at  a  rent  of  10  P.  Cent  per  annum  on  the  purchase  money; 
and  it  being  highly  desirable  that  that  institution  should  not  be 
broken  up,  it  is  Resolved 

82.  That  Chief  Factor  Christie  be  authorized  to  purchase 
the  said  buildings  on  account  of  the  Fur  trade  from  the  Revd. 
Mr.  Jones  at  a  sum  not  exceeding  £500  provided  Mr.  McCallum 
enters  into  an  agreement  to  lease  the  same  from  the  Company 
for  a  term  of  five  years  at  the  rent  proposed ;  and  to  keep  and 
deliver  them  in  thorough  repair  at  the  expiration  of  his  Lease. 

83.  That  the  engagements  of  the  undermentioned  Clerks 
and  Postmasters  be  renewed  for  a  term  of  3  years  from  the 
date  and  at  the  salaries  affixed  to  their  names  respectively  Viz. 
John  Ballenden  Clk,  3  years  from  1st  June  /37  @  £100  p.  an. 
John  Bell  do  100 
Charles  Brisbois  do  100 
Robert  Campbell    do  60 

28159—49 


TTO  CA?v"ADIA]Sr    ARCHIVES 

Geo.  Dcsehani- 

beaiilt               Clk.  £100  p.  an. 

Frs.    Ermatinger   do  100 

Paul    Fraser  '        do  100 

Dond.  McKenzie  do  100 

Wm.    McBean        do  60 
A.  E.  McLeod,  Jnr.,  App.  Clk.  5  years  @  20;  25,  30,  40  &  50 

Beiijn.  McKenzie,  Clk.  3  years  100 
John  ]\rcLoughlin,  Jnr.,  Clk  &  Surgn.,  5  yrs.  3  first     60 

and  2  last^  '                     100 

Archd.  McKinlay,  3  years  75 
Allan  McMillan,  Appe.  5  yrs.  £20,  25,  30,  40  &  50. 

Donald  Manson,  3  years  100 

P.  C.  Pambrun          "  100 

Charles  Ross               "  100 
Francois  Richard,  P.M.,  3  yrs.  from  1  Jnne  /37  @      25 

John  Rowand,   Jnr.   Clk.          "  50 

Thomas  Simpson,   Clk.                "  100 

William  Sinclair,  Clk.                  "  100 
Geo.  T.  Allan,          Clk.,  3  years  from  1  June  /38  @  100 

Francis  Butcher       do  75 

James    Birnie           do  100 
Robert  Cummings,  P.M. 
John  Dunn                do 

Henry  Fisher,  Clk.  100 

Colin  Fraser,  P.M.  40 

John  Kennedy,  Surgn.  &  Clk.  150 

Pierre  LeBlanc,  P.  Mr.  75 

Wm.  F.  Lane,  Clk.  .    100 

Michael  Laframhoise,  P.M.  100 

Hector   McKenzie,    Clk.  75 

Wm.  McTavish,  Clk.  75 

John  R.  McKay,  P.M.  60 

Wm.   McKay    'do  50 

John  McLean,  Clk.  100 

Frs.  Payette,  P.M.  75 

John  Randall       do  60 

Charles   Roussain,    P.M.  50 

William  C.  Rae,  Clk.      ,  100 

Patrick    Small           do  100 

Wm.  F.  Tolmie,  Clk.  &  Surgeon  150 

Robert  Wilson,  P.M.  40 

James  M.  Yale,  Clk.  100 


PIONEER   LEGISLATION  YYl 

84.  That  the  amount  of  requisition  for  Shipment  1838, 
Outfit  1839,  do  not  exceed  the  sum  of  Seventeen  Thousand 
Pounds  Sterling. 

85.  That  the  following  Servants  be  engaged  for  the  North- 
ern Department  on  five  years'  Contracts,  viz. :  from  Europe,  1 
better  class  Seaman  capable  of  taking  an  observation,  to  com- 
mand a  small  Craft  and  take  charge  of  the  naval  stores  at 
York  Wages  £40 
2  Blacksmiths  25 
2  Boatbuilders  25 
1  Experienced  Cooper  30 
4  men  accustomed  to  Slooping,  boating  &  small  Craft  20 
20  labourers  16 
30  S€rva,nts  from  Europe,  From  Canada  on  3  years'  Con- 
tracts 

1  Blacksmith  £25 

1  Cooper  25 

1  House  Carpenter  30 

1  Joiner                           '  30 

36  Voyageurs  17 
40  Servants  from  Canada. 

86.  That  George  Setter,  P.M.,  be  permitted  to  retire  from 
the  Service  to  Red  River  Settlement  and  in  consideration  of 
his  long  and  faithful  servitude  in  course  of  which  he  has  sus- 
tained considerable  personal  injury  that  he  be  allowed  to  retain 
his  present  salary  of  60  Pounds  during  Outfit  1837. 

87.  That  no  Servants  be  permitted  to  settle  at  Red  River 
Colony  unless  they  become  purchasers  from  the  proprietors  of 
the  soil,  of  at  least  50  acres  of  Land  at  7/6  p.  acre,  payment 
thereof  to  be  deposited  with  the  Gentlemen  in  charge  of  the 
Depots  to  which  they  have  been  attached  previous  to  their 
departure  for  the  settlement. 

88.  That  no  Common  Cub  Bearskins  be  traded;  as  in  the 
English  market  they  barely  fetch  the  duties  and  that  the 
Indians  be  instructed  not  to  scrape  the  Swan  skins  so  much 
as  they  have  been  in  the  habit  of  doing  which  deteriorates  their 
value  about  25  p.  cent. 

With  reference  to  the  22nd  paragraph  of  the  Gov.  and 
Committee's  Dispatch  of  15th  Feby.  1837  on  the  subject  of 
interest 

89.  That  the  principal  accountant  at  York  Factory  hand  to 
the  different  Gentlemen  superintending  Districts  a  copy  of 
that  paragraph  for  the  purpose  of  being  made  public. 

28159— 49i 


772  CANADIAN    ARCHIVES 

The  Governor  &  Committee  having  been  pleased  to  remit 
the  charges  made  to  private  account  last  year  for  deviating 
from  the  Rnles  and  Regulations  in  force  in  regard  to  Wages 
&c.,  it  is  Resolved 

90.  That  the  same  be  intimated  by  the  Accountant  to  the 
different  parties  and  written  back  to  their  Credits. 

91.  That  the  Wages  of  Fishermen  employed  at  such  posts 
as  are  dependent  principally  or  entirely  on  Fish  be  £3  more 
than  the  standard  wages  of  Middlemen  and  that  no  Black- 
smiths at  inland  Posts  be  allowed  more  than  £25. 

92.  That  the  wages  of  a  servant  acting  in  the  capacity  of 
Cook  or  Gentleman's  waiting  man  shall  in  no  case  exceed 
£17  p.  annum ;  and  that  the  additional  gratuity  heretofore  given 
to  persons  acting  in  that  capacity  shall  in  future  be  allowed 
only  to  such  servants  as  on  the  Summer  voyage  to  and  from 
their  Wintering  grounds  act  in  the  capacity  of  Cook  or  waiting 
man  independent  of  his  regular  duty  as  one  of  the  Crew  of  the 
Craft  to  which  he  belongs,  except  the  Cooks  or  waiting  men 
employed  at  the  Depots  of  York,  Vancouver,  Moose  &  Norway 
House  and  Fort  Garry,  Red  River  Settlement. 

93.  That  Thomas  Anderson,  Labourer  at  !N^orway  House  be 
fined  £5  for  deserting  from  the  Arctic  Discovery  Expedition 
last  year. 

94.  That  John  Ritch,  Boat  builder,  be  fined  £5  for  wanton 
destruction  of  the  Company's  property  at  I^orway  House  last 
year. 

95.  That  Liquor  be  not  made  an  article  of  trade  or  medium 
of  barter  with  Indians  for  furs  in  any  part  of  the  Country  and 
that  not  more  than  2  Gallons  of  spirituous  Liquor  and  4  Gal- 
lons Wine  be  sold  at  the  Depots  to  any  individual  in  the  Com- 
pany's service  of  what  rank  soever  he  may  be. 

With  reference  to  the  12th  paragraph  of  the  Governor  and 
Committee's  Dispatch  of  19th  March  1836  in  respect  to  the 
case  of  Andrew  Wilson  wherein  it  is  expressed  that  the  evidence 
of  Garcon  affords  strong  grounds  for  suspecting  that  Chief 
Trader  Tod  is  not  so  temperate  in  his  habits  as  could  be  wished 
the  Council  from  what  they  know  of  Mr.  Tod's  habits  consider 
it  due  to  that  Gentleman  to  express  their  opinion  in  this  public 
manner,  that  the  imputation  is  unfounded. 

96.  That  Gentlemen  in  charge  of  Districts  and  Posts  on 
both  sides  of  the  Mountains  be  instructed  to  forward  as  accurate 
a  statement  as  possible  of  the  Indian  population  within  their 
Districts;  as  the  Governor    and    Committee    are    desirous    of 


PIONEER  LEGISLATION  773 

obtaining  a  Census  of  the  whole  Country  through  which  their 
operations  extend. 

97.  That  Gentlemen  in  charge  of  Districts  and  Posts  be 
instructed  to  keep  a  thermometrical  Journal  agreeably  to  direc- 
tions that  will  be  forwarded  to  the  different  Districts. 

98.  That  a  Winter  Express  from  the  Depot  and  the  interior 
be  appointed  to  meet  at  Carlton ;  the  one  to  proceed  northward 
via  Isle  a  la  Crosse  and  Athabasca,  and  the  other  southward 
via  Fort  Pelly  and  ISTorway  House ;  and  that  all  private  Letters 
conveyed  by  the  Ship  be  forwarded  from  the  Depot  to  Norway 
House  or  Cumberland  before  the  closing  of  navigation. 

99.  That  the  Gentleman  in  charge  of  Lake  Superior  Depart- 
ment be  instructed  to  forward  a  Packet  from  the  Sault  St. 
Marys  to  Eed  River  on  the  1st  Feby.  with  all  Letters  and 
papers  that  may  be  collected  at  the  Sault  or  elsewhere  within 
his  charge  previous  to  that  date ;  and  that  no  other  express  be 
forwarded  unless  rendered  necessary  by  very  important  cir- 
cumstances. 

That  a  Packet  for  England  be  sent  from  Red  River  on  the 
21st  October  via  St.  Peters  if  anything  particular  occurs  and 
that  a  duplicate  dispatch  together  with  any  subsequent  informa- 
tion that  may  occur  be  forwarded  by  Lac  la  Pluie  on  the  21st 
December. 

100.  That  this  arrangement  be  understood  as  not  interfering 
with  the  usual  Winter  communication  by  the  Coast  which 
should  be  alternately  forwarded  from  the  Depots  of  York  and 
Moose  on  the  1st  December. 

101.  That  the  Standing  Rules  and  Regulations  from  time 
to  time  issued  be  considered  in  force  and  acted  upon  accord- 
ingly until  rescinded. 

102.  That  this  Council  do  now  adjourn. 

(Signed)      George  Simpson,  Govr.  in  chief. 

John  Charles,  Chief  Factor. 

John  Rowand,  do 

Allan  McDonell,  do 

John  Lee  Lewes,  do 

Rodk.  McKenzie,  do 

Duncan  Finlayson,  do 

Donald  Ross,  Chief  Trader. 

Minutes  of  Council,  1839. 

Minutes  of  a  Council  held  at  Red  River  Settlement,  North- 
ern Department  of  Rupert's  Land  which  commenced  on  the 


774  CANADIAN    ARCHIVES 

sixth  day  of  June,  One  Thousand  Eight  Hundred  and  Thirty 
Nine,  for  the  purposes  of  establishing  such  rules  and  Regulations 
as  may  be  considered  expedient  for  conducting  the  business  of 
said  Department  and  in  order  to  investigate  the  result  of  the 
trade  of  last  year  conformably  to  the  provisions  of  a  Deed 
Poll  under  the  seal  of  the  Governor  and  Company  of  Adven- 
turers of  England  trading  into  Hudson's  Bay  bearing  date  the 
sixth  day  of  June,  One  Thousand  Eight  Hundred  and  Thirty- 
four,  at  which  were  present  the  following  members  Viz : — 

George  Simpson,  Governor  in  chief. 

John   Charles,  Chief   Factor. 

John   McLoughlin  do 

Alexander  Christie  do 

John  Rowand  do 

Allan  McDonell  .  do 

Duncan  Einlayson  do 

Donald  Ross,  Chief  Trader. 

Resolved  1.  That  the  other  Chief  Traders  be  invited  to 
attend  and  in  consequence  the  following  were  present,  William 
Todd  and  James  Hargrave. 

2.  That  the  rotations  of  Furlough  for  the  current  year 
1839  are  in  favor  of  Chief  Factors  Alexander  Roderick  Mc- 
Leod,  John  George  McTavish  and  George  Keith  with  Chief 
Traders  Ridhard  Hardisty  and  John  Tod. 

3.  That  Chief  Factor  A.  R.  McLeod  avail  himself  of  his 
rotation  of  Furlough  for  the  Current  Outfit ;  that  the  rotations 
of  Chief  Factor  George  McTavish  be  transferred  to  C.  F. 
Alexr.  Christie,  and  that  C,  F.  George  Keith  having  been  per- 
mitted leave  of  absence  last  year  is  not  entitled  to  avail  himself 
of  his  present  rotation.  The  rotation  of  C.  T,  Richard  Hard- 
isty is  transferred  to  C.  T.  James  Hargrave ;  and  C.  T.  John 
Tod  having  been  permitted  to  enjoy  the  benefit  of  his  Furlough 
in  anticipation  is  no  longer  entitled  to  avail  himself  thereof. 

In  order  to  guard  against  any  misapprehension  with  regard 
to  the  Furloughs  for  the  ensuing  year,  it  is  Resolved 

4.  That  they  be  considered  as  in  favor  of  Chief  Factors 
J.  D.  Cameron,  John  Charles  &  John  McLoughlin,  with  Chief 
Traders  John  McLeod,  Jnr.,  &  M.  McPherson. 

5.  That  the  following  appointments  take  place,  viz. : 


PIONEEK   LEGISLATION 


7Y5 


Distiiets. 

Athabasca. 
McKenzies  River. 
English  liiver. 
Saskatcliewaii. 

Swan  River. 
Red  River. 
Lac  la  Pluie. 
N^orwav  House. 
York.  ■' 


Columbia. 


Chief  Factors. 
John  Charles. 

Rodk.  McKenzic. 
John  Rowand. 
J.  Lee  Lewes. 

Duncan  Finlavson. 
Allan  McDonell. 


J.  McLoughlin. 
Samuel  Black. 


Kew  Caledonia. 

Hudson  Bay  1 

Discovery  Exp'n.     J 


P.  S.  Ogxlen. 
P.  W.  Dease. 


Chief  Traders. 

Colin   Caniplic'lL 
M.  MePhers.Mi. 


J.  E.  ILarriott. 
William  Todd. 


Donald  Ross. 
Ss'icol.  Finlavson. 
Geo.  Gladman. 
Richard  Grant. 
Archd.  McDonald. 
John  Work. 
John  Tod. 
John  McLeod. 
James  Douglas. 
Donald  Manson. 
Alexr.  Eisher. 

Thos.  Simpson,  Clk. 


6.  Winter  Arrangements — 

Athabasca — Dun  vegan,  Colin  Campbell,  C.T. 

Wm.  McMurray,  App.   P.M. 
Et.  Chippewyan,  John  Charles,  C.E. 
Vermilion,  Wm.  Shaw,  P.M. 

Gt.  Slave  Lake,  Erancis  Butcher,  Clk. 

7.  That  4  Boats  and  29  men  including  the  Guide  &  250 
ps.  Goods  constitute  the  Current  Outfit  for  this  District,  and 
that  an  extra  Boat  and  7  men  for  this  season  only  be  employed 
in  taking  to  the  District  deficiencies  on  the  Outfits  of  the  last 
&  Current  years  and  supplies  for  the  Arctic  Discovery  Expedi- 
tion. 

8.  That  C.  E.  Charles  accompany  his  Brigade  to  ]*s^orway 
House  Summer  1840  where  in  consequence  of  his  having  inti- 
mated his  intention  of  proceeding  to  Europe  on  Eurlough  he 
will  be  relieved  in  charge  of  the  District  and  that  previous  to 
his  departure  from  Athabasca  next  Spring  he  will  make  the 
necessary  appointments  of  the  Commissioned  Gentlemen, 
Clerks,  &  Postmasters  remaining  inland  for  the  Summer. 


776  CANADIAN    ARCHIVES 

9.  Summer  Arrangements — 

Athabasca — Dunvegan,  3  men  incl.  Intr.  &  App.  P.M. 

Ft.  Chippewyan,  2  men  incl.  Intr. 
Vermilion,  2  men  incl.  Intr, 

Gt.   Slave  Lake,  2  men  incl.  Intr. 

10.  That  C.  T.  Finlayson  take  the  necessary 
measures  to  prepare  and  forward  to  Xorway  Honse  about  220 
pieces  Goods  for  Athabasca  Outfit  1840  by  Indians  or  R.  R. 
Carriers. 

11.  That  C.  F.  Charles  &  C.  T.  Ogden  concert  measures 
for  conveying  to  Xew  Caledonia  the  dressed  Leather,  Parch- 
ment &c.  required  for  the  use  of  the  latter  District  as  it  is 
intended  that  those  should  be  provided  in  future  say  commenc- 
ing with  1840  from  the  Athabasca  instead  of  the  Saskatchewan 
District  as  heretofore. 

12.  Winter  Arrangements — 

McKenzies  River — Ft.  Siuipson,        M.  McPherson,  C.T. 

Alexr.  Isbister,  App.  P.M 
Riv're  an  Liard,  Chas.  Brisbois,  Clk. 
Port  Norman,      Adam  McBeath,  P.M. 
Fort  Good  Hope,  John  Bell,  Clk. 

Wm.  Mowat,  P.M. 
Dease's  Lake,       R.  Campbell,  Clk. 

A.  R,  McLeod,  Jnr.  App, 
Clk. 

13.  That  about  250  pieces  Goods  in  4  Boats  navigated  by 
31  men  including  the  Guide,  25  of  whom  are  Red  River  men 
hired  for  the  trip  and  6  men  under  contracts  as  regular  ser- 
vants who  are  intended  for  the  District  constitute  the  Current 
Outfit. 

14.  That  C.  T.  McPherson  take  the  necessary  steps  to 
establish  in  the  Summer  of  1840  a  Post  on  Peels  River  under 
the  direction  of  Mr.  Bell  and  in  1841  another  Post  on  tlie 
headwaters  of  Colvile  River  and  as  the  recent  arrangement 
with  the  Russian  American  Fur  Company  renders  it  unneces- 
sary to  extend  the  trade  do'^\m  Stikine  River  from  the  East  side 
of  the  mountains  as  formerly  contemplated  that  Mr.  Campbell 
and  people  intended  for  that  service  be  employed  in  assisting 
Mr.  Bell  to  extend  the  trnde  from  Peels  River  to  Colviles  River 
in  1841;  and  that  II.  McKenzie,  App.  P.M.,  be  sent  by  the 
Athabasca  Brignde  to  the  District  this  season  and  6  recruits 
next  vear  to  enable  the  Gentleman  in  charge  of  McKenzie  River 


2 

do 

do 

3 

do 

do 

1 

do 

do 

2 

do 

do 

PIONEER  LEGISLATION  777 

to  carry  the  projected  extension  of  Trade  into  effect  as  early 
as  possible. 

15.  Summer  Arrangements — 

McKenzies  Riyer — Fort  Simpson        2  men  incl.  Intr, 
Kiv're  au  Liard 
Deases  Lake 
Fort  Norman 
Fort  Good  Hope, 

16.  That  C.  T.  McPherson  accompany  the  Brigade  to  Por- 
tage la  Loche  Summer  1840,  and  thence  proceed  so  as  to  avail 
himself  of  his  rotation  of  Furlough ;  ana  that  in  the  absence 
of  any  arrangements  hereafter  to  the  contrary  A.  R.  McLeod 
proceed  in  the  Express  Canoe  from  Canada  to  Fort  William 
where  two  North  Canoes  will  be  manned  by  the  Crew  of  the 
Canada  Express  Canoe ;  One  of  these  to  proceed  to  Red  River 
and  the  other  with  Mr.  McLeod  direct  to  Portagje  la  Loche, 
there  to  embark  with  the  Brigade  proceeding  with  the  Mc- 
Kenzies  River  Outfit,  in  order  to  relieve  Mr.  McPherson  in 
the  charge  of  that  District. 

17.  That  C.  T.  McPherson  make  the  necessary  appointment 
of  Clerks  &  Postmasters  for  Summer  1840  previous  to  his  de 
parture  from  McKenzies  River. 

18.  That  C.  T.  Finlayson  take  the  necessary  measures  to 
prepare  and  forward  in  course  of  the  Summer  about  250  pieces 
Goods  to  Norway  House  for  Outfit  1840 ;  the  same  to  be  trans- 
ported thence  to  Portage  la  Loche  to  start  in  4  Boats  on  or 
before  the  15th  June  1840  manned  by  a  Guide  and  28  men,  of 
whom  25  including  the  Guide  are  to  be  engaged  for  the  trip  at 
Red  River  and  4  Servants  under  engagements  of  not  less  than 
o  years  to  replace  retiring  Servants. 

19.  Winter  Arrangements — 

Enq-lish  River — Isle  a  la  Crosse,  R.  McKenzie,  C.F. 
Rapid  River,         An  Interpreter. 
Green  Lake,  Thos.  Hodgson,  P.M. 

Dease  Lake,  Geo.   Deschambeault,   Clk. 

20.  That  about  150  pieces  Goods  in  3  Boats  manned  by  16 
men  including  the  Guide  and  Indians  hired  for  the  Trip  at 
English  River  constitute  the  Current  Outfit  for  this  District. 

21.  Summer  Arrangements — 

Enolish  River — Isle  a  la  Crosse,  Geo.  Deschambeault,  Clk.  & 

2  men. 
Rapid  River,  One  man. 


778  CANADIAN    ARCHIVES 

22.  That  the  usual  quantity  of  dried  Provisions  be  provided 
and  forthcoming  for  the  use  of  the  Outward  and  inward  bound 
ISTorthern  Craft  Spring  and  Summer  1840. 

23.  Winter  Arrangements — 

Saskatchewan — Edmonton,  John  Rowand,  C.F. 

Robt.  Clouston,  Clk. 
Carlton,  Patk.  Small,  Clk. 

R.  Mountn.  Ho.,        J.  E.  Harriott,  C.T. 
Ft.  Assiniboine,  J.  Rowand,  Clk. 

Jaspers  House,  Colin  Frazer,  P.M. 

Lesser  Slave  Lake,     Geo.  McDougall,  Clk. 
Fort  Pitt,  Henry  Fisher,  Clk. 

P.  Ogden,  App.  P.M. 
Cumberland,  J.  Lee  Lewes,  C.F. 

Moose  Lake,  An  Interpreter. 

24.  That  550  pieces  Goods  in  9  Boats  manned  by  46  ser- 
vants belonging  to  the  District  constitute  the  Current  Outfit  and 
that  the  Crews  be  made  up  by  ingoing  servants  belonging  to  the 
Columbia  and  ISTew  Caledonia  Districts. 

25.  That  the  following  provisions  and  other  Country  Pro- 
duce be  provided  by  this  District  and  brought  to  Xorway  Flouse 
next  season. 

8  Is^ew  Boats  of  28  feet  Keel. 
3500  lbs.  Grease. 
150  Bales  Dried  Meat  90  lb.  ea. 
450  Bags  Com.  Pemican  90  lb.  ea. 

80  Bags  fine  Pemican  45  lb.  ea. 
100  Pairs  tracking  Shoes. 

30  Leather  Tents. 
500  Bnffalo  Tongues. 

26.  That  100  Bags  Pemican  and  the  usual  quantity  of  other 
Country  produce  be  deposited  at  Cumberland  House  next  season 
for  the  use  of  passing  Brigades ;  and  that  all  the  surplus  Grease 
collected  in  the  District  be  brought  to  the  Depot  in  a  clean  and 
rendered  state  for  exportation. 

27.  That  a  Boat  and  2  men  be  left  at  York  for  the  purpose 
of  conveying  12  of  the  servants  coming  from  Europe  by  the  ship 
inland  where  it  is  understood  they  shall  pass  the  Winter  and  be 
brought  to  the  Depot  next  Summer  for  general  distribution. 


PIOXEEE   LEGISLATION  <  I  \) 

28.  Summer  Arrangements — 

Saskatchewan — Edmonton,  J.  E.  Harriott,  C.T.  &  12  m. 

Carlton,  Patk.  Small,  Clk.  &  7  men. 

Ft.  Assiniboine  An  Iiitr,  &  1  man, 
L.  Slave  Lake,  Geo.  McDougall,  Clk.  &  2  men. 
Fort  Pitt,  Henry  Fisher,  Clk.  &  4  men. 

Jaspers  Honse  An  Intr.  &  1  man. 
Cumberland,      J.  Rowand,  Jr.,  Clk.  &  2  men. 

29.  Winter  Arrangements — 

Swan  River— Fort  Pellv,  William  Todd,  C.T. 
Fort  Ellice,  J.  R.  McKay,  P.M. 
Manitobah,  Frs.  Richard,  P.M. 
Shoal  River,  An  Interpreter. 

30.  That  about  200  pieces  Goods,  3  Boats  and  15  Voyaging 
servants  constitute  the  Outfit  of  this  District ;  100  pieces  of 
those  Goods  for  the  Posts  of  Fort  Pelly,  Manitobah  and  Shoal 
River,  and  the  remainder  to  be  forwarded  partly  on  freight  to 
Red  River  Settlement-  for  the  trade  of  Fort  Ellice ;  the  crews 
of  the  Boats  to  be  made  up  to  6  men  each  by  Trippers  hired  for 
the  voyage. 

31"!  That  C.  T.  Todd  take  to  Xorway  House  next  Spring 
300  lbs.  Gum,  30  bushels  salt  and  15  Leather  Tents  for  distri- 
bution together  with  all  the  Grease  collected  in  the  District  in 
a  clean  and  marketable  state  for  exportation,  and  that  he  take 
the  necessary  steps  to  provide  300  Bushels  Salt  for  the  use  of 
Red  River  Settlement  deliverable  at  the  jSTorth  End  of  Mani- 
tobah Portage  the  price  not  to  exceed  8/-  p.  Bushel. 

32.  Summer  Arrangements — 

Swan  River — Fort  Pelly,  3  men  incg.  Intr. 

Fort  Ellice,  J.  R.  McKay,  P.M.  &  7  m. 
Manitobah,    Frs.  Richard,  P.M. 
Shoal  River,  A  Labourer. 

33.  Winter  Arrangements — 

Red  River — Fort  Garry,  Duncan  Finlayson,  C.F.,  and  6  men. 

John  Ballenden,  Clk.  and  6  men. 
Allan  McMillan,  Clk.  and  6  men. 
Lower  Fort,  H.  McKenzie,  Clk.  and  2  men. 
Surveying.,     Geo.  Taylor,  Clk. 
Warden  of  the  Plains,  Cuthbert  Grant. 
Expermtl.  Farm,  Geo.  Carey  and  11  men. 


780  CANADIAN    ARCHIVES 

34.  That  the  necessary  buildings  for  establishing  a  distillery 
be  erected  at  the  Lower  Fort  if  distillation  in  the  Settlement  be 
considered  an  advisable  measure  by  the  Council  of  Assiniboia. 

35.  That  the  Lake  Winipeg  Vessels  winter  in  Eed  Eiver; 
the  crews  to  be  employed  as  C.  F.  Finlayson  may  find  expedient 
and  that  he  be  authorized  to  employ  additional  tradesmen  and 
Labourers  for  erecting  the  requisite  buildings  at  the  Lower 
Fort. 

36.  That  the  arrangement  entered  into  last  year  with  set- 
tlers for  the  transport  of  Goods  from  York  to  Norway  House 
and  Eed  Eiver  be  confirmed,  say 

1839  froiH  York  Factory  to  Norway  House  13/ —  p.  ps. 
"  "  Eed  Eiver         17/— 

1840  "  "  Norway  House  13/ — 
"                      "               Eed  Eiver         16/— 

1841  the  same  as  1840  with  the  express  condition  that  no 
Indians  are  to  be  employed  in  such  transport. 

37.  That  the  following  supplies  be  provided  at  the  Colony 
for  exportation  to  Norway  House  Summer  1840  made  up  in 
sound  and  transportable  packages  and  purchased  at  the  usual 
prices. 

30  Bushels  rough  Barley. 

12  Cwt.  good  Corned  Beef. 

20  Cwt.  Biscuit. 

42  Oak  Boards. 

50  Firkins  of  Butter  56  lb.  ea. 

10  Half  Firkins  of  Butter  28  lb.  ea. 
6  Maccarons  of  Butter. 

80  lb.  Cheese. 

15  Kegs  Eggs. 
650  Cwt.  Kiln  dried  Flour. 

70  well  cured  Hams. 

50  Bales  dried  Meat  90  lb.  ea. 
400  Bags  Com.  Pemican. 

35  Cwt.  Salted  Pork. 

40  Kegs  Potatoes. 
3  Bushels  Onions. 
800  prs.  tracking  Shoes. 
8750  Oak  Staves. 
150  Portage  Straps. 
2  Keffs  Salted  Suet. 

12  Assortments  Garden  Seeds. 


PIO^^^EER   LEGISLATION  781 

38.  That  a  Guide  and  24  men  be  engaged  for  the  McKenzies 
River-  transport  and  the  Fall  freight  from  York  Factory  to  Red 
River  at  £25  to  the  Guide,  £16  to  the  Steersmen  and  £14  to  the 
Bowsmen  and  £12  to  the  Middlemen. 

39.  That  the  price  of  Dollars  in  Red  Jliver  be  4/3  each 
during  the  Current  Outfit  and  hereafter  4/1 ;  and  English  Gold 
Coin  at  the  Standard  value. 

40.  Winter  Arrangements — 

L?.c  la  Pluie, — Fort  Frances,  Allan  LMcDonell,  C.F. 

Wni.  Sinclair,  C'lk. 
lac  du  Bois  Blanc,     James  I='bister,  P.M. 
Rat  Portage,  Dond.  McXenzie,  Clk. 

Fort  Alexander,  Andw.  MePherson,  Clk. 

41.  That  about  260  pieces  Goods  with  a  complement  of  12 
voyaging  servants  constitute  the  Current  Outfit ;  140  of  these 
to  be  taken  from  York  to  Norway  House  in  2  Boats  manned  by 
12  voyaging  servants,  and  the  remaining  120  pieces  to  be  trans- 
ported to  ISTorway  House  on  freight,  and  from  ISferw^ay  House 
the  whole  to  be  transported  in  4  Boats  manned  by  3  men  each 
with  the  assistance  of  Indians. 

42.  That  no  spirituous  Liquors  be  introduced  into  Lac  la 
Pluie  District  after  this  date  but  that  40  pieces  Provisions  be 
supplied  in  addition  to  the  usual  supply  of  Country  produce 
from  Red  River. 

43.  That  the  sum  of  £300  Sterling  be  paid  by  draft  on  the 
Governor  and  Committee  to  Ramsay  Crooks  Esqre.  in  considera- 
tion of  the  opposition  having  been  withdrawn  from  the  frontiers 
of  the  Lake  Superior,  Lac  la  Pluie  and  Red  River  Districts 
conformably  to  the  terms  of  an  arrangement  entered  into  be- 
tween the  Hudson's  Bay  Company  and  the  American  Fur  Com- 
pany, the  said  amount  to  be  charged  to  Lac  la  Pluie  District 
Outfit  1838. 

44.  That  the  following  Country  produce  be  brought  to 
Norway  House  next  season. 

40  Rolls  good  Birch  Bark. 
3  Cases  Cedar  Canoe  Splinters. 
3  Bundles  Cedar  Canoe  Timbers. 

45.  Summer  Arrangements — 

Lac  la  Pluie— Fort  Frances,  3  men  incg.  Intr, 
Ft.  Alexander,  2  men  incg.  Intr. 
Rat  Portage,  2  men  incg.  Intr. 

40.  That  Chief  Factor  McDonell  make  the  Summer 
appointments  in  regard  to  Clerks  and  Postmasters. 


782  CANADIAN    ARCHIVES 

4Y.  Winter  Arrangements — 

^NTorway  House — ISTorway  House,  Dond.  Ross,  C.T. 

John    Finlayson,    Clk.,    and 
6  men. 
Berens  River,  R.  Cummings,  P,M.  and  2  men 
ISTelson  River,  J.  Isbister,  P.M.  and  2  men. 

48.  That  2  voyaging  servants  belonging  to  the  District 
iissisted  by  30  Indians  to  be  engaged  for  that  purpose  be  em- 
ployed to  make  one  trip  between  York  and  Xorway  House  with 
4  Boats  carrying  80  pieces  each  per  trip  upwards  or  320  pieces 
in  all;  120  of  which  to  form  the  District  Outfit,  the  remaining 
200  pieces  Goods  on  Freight. 

49.  That  with  the  exception  of  Red  River  and  other  Country 
produce,  no  supplies  of  any  description  be  given  or  sold  to  ser- 
vants or  Districts  at  ISTorway  House. 

50.  That  an  additional  store  be  built  at  Norway  House  and 
that  six  of  the  recruits  coming  by  the  Ship  and  intended  for 
j\IcKon:'.ies  River  next  year,  be  stationed  at  l^or^^ay  House 
during  the  Winter  for  the  purpose  of  assisting  in  erecting  the 
building  and  that  the  remaining  4  men  intended  for  McKenzies 
River  Outfit  1840  be  sent  from  York  so  as  to  arrive  at  Norway 
House  about  the  1st  April  next. 

51.  Summer  Arrangements — 

Norway  House — Norway  House,  Dond  Ross,  C.T. 

J.  Finlayson    App.  Clk.  &  6 
men. 
Berens  River,      R.  Cummings,  P.M.  &  1  man 
Nelson  River,      J.  Isbister,  P.M.  &  1       do. 

52.  Winter  &  Summer  Arrangements — 
York — York  Factory,  Nicol  Finlayson,  C.T.    > 

George  Gladman,  C.T. 

John  Cowie,  Surgeon. 

Wm.  McTavish,  Clerk. 

Richard  Lane,  App.  Clk. 

Wm.  B.  Philpin,  P.M. 

Robert  Wilson,  P.M. 
Churchill,  Robert  Harding,  Clk. 
Severn,  Jno.  Cromartie,  Intr. 

Oxford  Ho.,  Richard  Grant,  C.  .T 
Island  Lake,  Wm.  McKay,  P.M. 

53.  That  notwithstanding  the  appointment  of  Mr.  Grant 
to   Oxford   House  it   is  understood   that  he  shall  be  at  York 


PIONEER   LEGISLATION'  783 

during  the  Summer    for    tlie    purpose  of  attending    the  Sale 
Shops. 

54.  That  30  men  including  Mechanics  and  the  crew  of  the 
Frances  Schooner  constitute  the  Summer  &  Winter  Establish- 
ment of  York  Factory. 

55.  That  80  pieces  Goods  transported  in  a  Boat  manned 
by  6  Servants  and  one  Indian  tripman  constitute  the  Current 
Outfit  for  Oxford  House  and  Island  Lake  Outposts. 

56.  That  the  Outpost  of  Island  Lake  be  removed  to  a  better 
fishery  about  30  miles  distance  from  the  present  Establishment. 

57.  Summer  Arrangements — 

Island  Lake — Oxford  House,  Wm.  McKay,  P.M.  &  1  man. 
Island  Lake,       One  man. 

58.  That  C.T.  Grant  be  directed  to  employ  4  Boats  manned 
by  32  Indians  &  a  Guide  in  performing  a  double  trip  between 
the  Depot  and  ISTorway  House- in  the  transport  of  Goods  and 
Eeturns;  the  lading  of  each  Boat  upwards  to  be  80  &  down- 
wards 70  pieces,  5  of  which  to  be  left  at  Oxford  and  the  re- 
maining 65  pieces  to  be  delivered  at  York  Factory. 

59.  That  6  men  constitute  the  Winter  and  Summer  Estab- 
lishment of  Churchill  with  an  Outfit  amounting  to  about  100 
pieces  Goods  and  Provisions  to  be  transported  from  York 
during  the  Summer  by  the  Frances  Schooner. 

60.  That  60  pieces  Goods  and  Provisions  with  3  Servants 
constitute  the  Current  Outfit  for  Severn  and  that  John  Cro- 
martie  Intr.  with  one  of  these  Servants  remain  at  the  Post 
during  the  Summer  and  the  other  two  proceed  to  York  early 
in  June  for  the  purpose  of  being  employed  there  during  the 
Summer. 

61.  That  preparatory  arrangements  be  made  to  re-establish 
the  Post  of  Trout  Lake  Outfit  1840. 

As  a  means  of  reducing  the  consumption  of  Sugar  in  the 
Department  which  is  now  an  article  so  much  in  demand  as 
to  occupy  a  considerable  portion  of  the  freight  from  England, 
it  is  Resolved 

62.  That  the  requisition  on  England  in  that  article  be  cur- 
tailed bv  25  p.  Cent  &  that  the  sale  prices  be  increased  25  p. 
Cent. 


784  CANADIAN    AECiriVES 

63.  Columbia  Arrangements — 
Columbia — Fort  Vancouver,  John  McLoughlin,  C.F. 

Dugald  McTavish,  Clk. 
G.  T.  Allan,  do 

W.  F.  Tolmie,  Surgeon. 
David  McLoughlin,  App.  Clk. 
Geo.  B.  Roberts,  P.M. 
Fort  George,  James  Birnie,  Clk. 
'Nisqually,  Wm.   Kittson,   Clk. 
Ft.  Langley,  J.  M.  Yale,  Clk. 
Ft.  Simpson,  John  Work^  C.T. 

Alexr.  Anderson,  Clk. 
Fort  McLoughlin,  John  Kennedy,  Surgn. 
Courtney  Walker,  Clk. 
Chas.  Forrest,  P.M. 
Umpqua,  Gagnon,  Intr. 
Bonaventura  Expedn.,  Michel  Laframboise. 

Archd.  McKinlay,  Clk. 
Shipping — Beaver  Steamer,  W.  H.  McISTeil,  Supercargo. 

Jas.  Sangster,  Commr. 
Walr.  Stoddart,  Mate. 
Schooner  Cadboro,  James  Scarboro,  Commd. 

Charles  Dodd,  Mate. 
Ship  Va?icouver,  Alexr.  Duncan,  Comr. 

Alexr,   Lattie,  Mate. 
Ft.  Colvile,  Archd.  McDonald,  C.T. 
Flat  Heads,  Angus  McDonald,  App.  Clk. 
Coutanais,  An  Interpreter. 
Thompsons  River,  Samuel  Black,  C.F. 
Okanagan,  An  Interpreter. 
IS^ez  Percez,  P.  C.  Pambrun,  Clk. 
Snake     Expedn.     incg.  \Frs.  Ermatinger,  Clk. 
Ft.  Hall  &  Ft.  Boisse,  jFrs.  Payette,  P.M. 
■*  Dond.  McLean,  P.M. 

Angus  McDonald,  Intr. 
Stikine,  Wm.  G.  Rae,  Clerk. 

John  McLoughlin,  Jnr.,   Surgn. 
Rodk.  Finlayson,  App.  Clk. 
Sandwich  Islands,  George  Pelly. 
Alexr.    Simpson. 

64.     That     it     be     discretionary     with     C.    F,    McLough- 
lin to  make  the  appointments  of  the  Commissioned  Gentlemen, 


PIONEER   LEGISLATION  785 

Clerks  and  Postmasters  likewise  of  the  Officers  of  Marine  as  he 
may  consider  expedient. 

With  reference  to  an  agreement  entered  into  with  the  Rus- 
sian American  Company  imder  date  the  6th  Feby.  1839,  it  is 
Resolved 

65.  That  either  the  ship  to  arrive  at  the  Columbia  next 
year  from  England  or  the  Ship  Vcuicouver  accompanied  by 
the  Beaver  Steam  Vessel  j)roceed  with  C.  T.  Douglas,  Mr.  Wm. 
Glen  Eae,  Mr.  John  McLoughlin  Junr.  &  Mr.  Roderick  Finlay- 
son  with  a  complement  of  20  labouring  servants  and  a  sufficient 
Outfit  of  Goods  and  Provisions  to  take  possession  of  the  Rus- 
sian American  Company's  Establishment  at  the  entrance  of 
the  River  Stikine  where  Mr.  Rae  is  to  be  left  in  charge  assisted 
by  the  other  Clerks  before  mentioned. 

66.  That  immediately  after  the  Post  at  Stikine  be  taken 
possession  of  Mr.  C.  T.  Douglas  shall  proceed  to  the  River 
Tacou  about  100  miles  north  of  Stikine  and  select  an  eligible 
situation  for  establishing  a  Post  there  and  afterwards  return 
to  Eort  McLoughlin  for  the  purpose  of  removing  that  Estab- 
lishment and  reforming  it  on  the  banks  of  the  Tacou  River  12 
marine  leagues  inland  if  possible  under  the  command  of  Mr. 
John  Kennedy  assisted  by  C.  Walker,  Clerk,  and  Charles  For- 
rest, Postmaster,  with  a  complement  of  30  laboring  Servants. 

67.  That  measures  be  taken  to  establish  Outposts  in  the 
interior  country  of  both  the  Stikine  &  Tacou  Rivers  in  the  year 
1841  if  possible. 

68.  That  45  labouring  Servants  be  provided  from 
York  Depot  for  the  Columbia  Department  including  l^ew 
Caledonia  which  with  25  Sandwich  Islanders  requested  by  the 
Ship  from  England  of  next  year  will  be  sufficient  to  meet  all 
demands  in  that  way  for  the  ensuing  Outfit  on  the  west  side 
of  the  Mountains. 

With  further  reference  to  the  said  agreement,  it  is 
Resolved 

69.  That  the  quantity  of  Country  produce  there 
specified  be  provided  also. 

70.  That  the  2000  seasoned  Land  Otters  traded  on  the 
west  side  the  Mountains,  and  agreed  to  be  paid  as  rent  for  the 
Russian  territory  ceded,  be  delivered  on  or  before  the  1st  June 
every  year  commencing  1841. 

71.  That  all  the  remaining  seasoned  Land  Otter  Skins 
traded  on  the  West  side  the  Mountains  not  exceeding  2000 

28159—50 


786  CANADIAN    ARCHIVES 

annually  be  delivered  previous  to  the  same  d^te  in  every  year 
commenoing  with  1841,  and 

72.  That  3000  seasoned  Land  Otter  Skins  excluding  Cub, 
damaged  &  staged  be  provided  from  the  East  side  the  Moun- 
tains to  complete  the  Contract  entered  into  with  the  Russian 
American  Company  to  be  taken  across  the  Mountains  com- 
mencing with  1840  in  the  Columbia  Brigade  so  as  to  be  de- 
livered by  the  1st  February  every  year  commencing  with  1841 
in  order  to  obtain  payment  by  Bills  on  St.  Petersburgh  in  time 
to  be  remitted  by  the  Spring  Express.  That  Chief  Trader  Ross 
be  authorized  to  communicate  with  the  different  Districts  in 
the  Northern  Department  as  to  the  mode  of  collecting  the  Ot- 
ters, and  that  his  attention  be  specially  directed  to  the  selection 
&  packing  of  the  same;  that  Gentleman  being  furnished  with 
a  copy  of  the  agreement  for  his  information  and  guidance. 

73.  That  500  seasoned  Otter  Skins  be  retained  at  York 
Factory  this  season  1839  and  be  forwarded  to  ISTorway  House 
by  the  first  trip  of  Oxford  Plouse  freight  boats  Summer  1840 ; 
and  the  all  the  seasoned  Otters  procured  at  Churchill  &  Severn 
be  hereafter  retained  at  York  and  forwarded  to  Norway  House 
the  succeeding  Summer  in  like  manner  so  as  to  make  up  the 
stipulated  number  without  the  necessity  of  importing  any  from 
the  Southern  Department. 

74.  That  an  Indent  of  Goods  intended  for  the  Sandwich 
Island  trade  be  transmitted  to  the  Governor  &  Committee  with 
a  request  that  the  same  may  be  forwarded  to  Woahoo  by  the 
Ship  of  1840  and  that  Mr.  Alexander  Simpson  be  sent  from 
the  Columbia  to  the  Islands  next  year  1840,  for  the  purpose 
of  assisting  Mr.  Pelly  in  forming  a  commercial  Establishment 
there  and  previous  to  proceeding  thither  to  make  a  voyage  to 
California  for  a  Cargo  of  Sheep;  and  while  there  direct  his 
attention  to  the  Commercial  operations  of  that  Coast  with  a 
view  of  enabling  us  to  form  a  Commercial  Establishment  there 
hereafter. 

75.  That  C.  F.  McLoughlin  be  directed  to  give  his  par- 
ticular attention  to  the  affairs  of  the  Puget  Sound  Agricul- 
tural Company  as  pointed  out  in  the  Prospectus,  instructions 
from  the  Agents  and  other  Documents  handed  him  connected 
with  that  important  object. 

76.  Columbia  Arrangements  continued. — 
New  Caledonia,  Stuarts  Lake,        P.  S.  Ogden,  C.F. 

Wm.  Thew,  Clerk. 
Frazers  Lake,        Chas.  Ross,       do. 
McLeods  Lake,      Paul  Frazer,  do. 


PIONEER  LEGISLATION  787 

Alexandria,  John  Tod,  CT. 

Chilcotins,  \Vm.  F.  Lane,  Clk. 

ConoUys  Lake,  John  McKintosh,  Clk. 

Fort  George,  Wm.  Porteous,         do. 

Babines,  W'm.  ]\IcBean,  P.M. 

77.  Thht  C.  F.  Ogden  make  "the  appointment  of  the  Gen- 
tlemen in  New  Caledonia  as  he  may  consider  expedient. 

78.  That  C.  F.  Ogden's  requisition  for  Leather  &c.,  be  fur- 
nished at  Dunvegan  agreeably  to  the  11th  Eesolve  of  the 
Minutes  of  Council. 

79.  That  C.  F.  Samuel  Black  and  C.  T.  Donald  Manson 
be  allowed  leave  of  absence  for  the  benefit  of  their  health  if 
they  continue  to  require  such  and  that  C.  T.  Alexander  Fisher 
be  permitted  to  come  to  the  east  side  the  Mountains  in  1840 
or  1841  should  he  desire  it. 

80.  That  with  reference  to  further  arrangements  connected 
with  the  Columbia  Department  including  Xew  Caledonia,  the 
same  to  be  determined  by  Governor  Simpson's  Letters  to  Chief 
Factors  McLoughlin  &  Ogden. 

81.  That  C.  F.  Dease  &  Mr.  Thomas  Simpson  Clerk  be 
instructed  to  prosecute  their  discoveries  in  the  Arctic  Regions 
agreeably  to  Instructions  received  from  time  to  time  from  the 
Governor  &  Committee  and  Governor  Simpson,  and  that  the 
necessary  complement  of  Servants  &  Supplies  in  Goods,  pro- 
visions &c.  be  furnished  for  the  use  of  the  Expedition  under 
their  command. 

82.  That  Widow  Taylor  the  mother  of  the  late 
Peter  Taylor  be  allowed  an  annuity  of  £5  yearly;  her  son 
Peter  who  lost  his  life  while  attached  to  the  Expedition  having 
been  her  principal  support. 

83.  That  the  Gentlemen  in  charge  of  the  Districts  &  Posts 
of  Athabasca  and  McKen^ies  Piver  comply  with  any  demands 
whatsoever  connected  with  their  respective  charges  that  may  be 
made  by  Chief  Factor  Dease  or  in  his  absence  by  Mr.  Thomas 
Simpson  in  aid  of  the  Discovery  Expedition. 

84.  That  an  allowance  of  £100  with  the  usual  supplies  of 
Tea,  Sugar  &c.  be  made  to  the  Catholic  Mission  of  Red  River 
Settlement  for  the  Current  Outfit. 

85.  That  the  sum  of  £50  be  given  in  aid  of  the  School  of 
Industry  unfortunately  burned  down  this  season,  and  the  same 
to  be  placed  at  the  disposal  of  the  Right  Revd.  the  Bishop  of 
Juliopolis. 

28159— 50* 


788  CANADIAN    ARCHIVES 

86.  That  a  gratuity  of  £100  be  made  to  the  Revd.  Wm. 
Cochran  in  consideration  of  his  zealous  and  arduous  exertions 
while  officiating  in  the  Upper  as  well  as  the  lower  Parish  in 
tte  absence  of  the  Revd.  Mr.  Jones  and  his  successor. 

87.  That  allowance  of  £100  be  allowed  to  Dr.  Bunn  for 
medical  attendance  on  the  Honble.  Company's  Establishments 
at  Red  River,  the  Retired  Servants  who  cannot  afford  to  pay  for 
such,  and  other  pauper  Settlers  for  the  Current  Outfit. 

88.  That  an  allowance  of  £100  be  made  to  Mr.  John  Mc- 
Callum  in  aid  of  the  Boarding  School  imder  his  management 
for  the  Current  Outfit. 

89.  That  the  usual  contribution  of  £100  p.  annum  towards 
maintaining  the  Police  Establishment  of  Red  River  be  con- 
tinued. 

90.  That  no  Servants  be  permitted  to  settle  at 
Red  River  Colony  unless  they  become  purchasers  from  the 
Pronrietors  of  the  soil  of  at  least  50  acres  of  Land  at  7/6  p. 
acre,  payment  thereof  to  be  deposited  with  the  Gentleman  in 
charge  of  the  Depot  to  which  they  have  been  attached  previous 
to  their  departure  for  the  Settlement. 

91.  That  all  furs  killed  by  Commissioned  Gentlemen, 
Clerks  and  Servants  and  their  families  be  considered  the  pro- 
perty of  the  Company,  and  paid  for  at  the  Indian  Standard 
of  the  District,  and  that  no  Eurs  of  any  description  be  per- 
mitted to  be  used  in  or  sent  out  of  the  Country  on  Private 
Account,  except  such  as  are  purchased  from  the  Stores  in  the 
manner  described  by  the  Standing  Rtiles  and  Regulations  of  the 
Service. 

Much  loss  in  Postages  and  other  inconveniences  being  in- 
curred from  the  Practice  of  unnecessarily  covering  public  and 
private  Letters  with  Envelopes,  it  is  Resolved 

92.  That  in  future  all  Gentlemen  in  the  Country  be  in- 
tructed  to  discontinue  this  practice,  and  not  to  use  detached 
covers  or  Envelopes  except  in  cases  where  such  may  be  abso- 
lutely necessary  to  cover  the  contents  of  their  Letters  or  other 
communication. 

93.  That  the  Engagements  of  the  following  Clerks  and 
Postmasters  be  renewed  for  a  term  of  3  years  from  the  date  & 
at  the  salaries  affixed  to  their  names  respectively,  viz. : 


PIONEER   LEGISLATION 


789 


Clerk 

£100 

do 

100 

do 

100 

do 

100 

do  - 

100 

do. 

60 

do 

100 

P.M. 

60 

do 

50 

do 

40 

do 

35 

do 

30 

Clerk 

60 

From  1st  June  1839. 
Robert  Harding^ 
George  McDoiigall, 
Alexr  Anderson, 
Wm.   Kittson, 
John  ^McKintosli, 
Wm.  Thew, 
Courtney  Walker, 
J.  R  .McKay, 
Robert  Cummings 
Adam  McBeath 
Wm.  Mowat 
Francois  Richard 
Donald  McLean 

94.  That  the  amount  of  requisition  from  England  Ship- 
ment 1840  do  not  exceed  the  sum  of  £20000. 

95.  That  the  following  servants  be  engaged  for  the  jSTorth- 
ern  Department  on  5  years  Contracts  Viz. 

From  Europe 

2  Blacksmiths  @  £25    to  £30  p.  an. 

2  Coopers,  Fish  curers  @  25    "     30     "' 

4  Sloopers  @  20 

1  Plasterer  @  30 

1  Joiner  @  30 

30  Labourers    @  16 

40  Servants  from  Europe. 

From  Canada  on  3  years  Contracts — 

50  Voyageurs  @  Prix  du  Poste  or  £17  p.  annum. 

96.  That  Resolves  88,  91,  92,  95,  98,  99,  100  and  101  of 
June  1837  be  considered  as  forming  part  of  the  Standing  Rules 
and  Regulations  of  the  Service  and  be  added  thereto. 

The  low  price  at  which  Musk  rats  are  now  sold  in  the  Eng- 
lish Market  renders  it  necessary  to  reduce  the  prices  paid  for 
that  description  of  Fur  throughout  the  Country,  it  is  therefore 
Resolved 

97.  That  in  the  purchase  of  Mask  Rats  through- 
out the  TvTorthern  Department  except  Red  River,  12  Large  Rat 
Skins  be  considered  equal  to  a  made  Beaver,  that  in  Red  River 
10  large  Rat  Skins  be  considered  equal  to  a  Made  Beaver;  and 
that  no  small  Rats  be  purchased  at  any  price. 


790  CA?fADIAN    ARCHIVES 

98.  That  the  price  of  Cattle,  Sheep  and  Horses  transferred 
from  the  Columbia  Department  to  the  Piiget  Sound  Agricul- 
tural Company  be  as  follows  Viz. 

Homed  Cattle  of  all  descriptions,  incg.  Calves  20/  e^. 
Sheep  of  all  kinds  including  Lambs  5/  ea. 

Horses  of  all  kinds  including  Mares  with  Ci^lts  40/  ea. 

99.  That  this  Council  do  now  adjourn. 
(Sigd)      George  Simpson  Governor 

John  Charles       Chief  Factor 
John  McLoughlin       do 
Alexr  Christie  do 

John  Rowand  do 

Allan  McDonell  do 

Duncan  Finlayson       do 
Donald  Ross    Chiff  Trader. 
Red  River  Settlement, 
13th  June  1839. 

COPY. 

liesfrirlion    of  flic   iifie   of  Spirituous   Liquors  in  the   Indian 

Trade. 

Red  River  Settlement 
14th  Janv.  1839. 
To  -  " 

To  John  Rowand,  ^ 
J.   L.   Lewes,  [ 

Donald  Ross,  5^  Esqres. 

William  Todd,  and 

James  Hargrave.  J 

Gentlemen 

8ince  the  breaking  up  of  the  Council,  the  sujbect  of  con- 
linuing  the  use  of  Spirituous  Liquors  in  the  Indian  Trade  in 
several  Dis'rict-  and  Posts  in  the  I^orthern  Dejiartment  to  which 
that  Article  still  continues  to  be  imported  has  been  fully  dis- 
cussed in  Committee  with  Chief  Factors  ^McLoughlin,  Christie, 
Rowand  and  Finlayson  and  Chief  Traders  Hargrave  and  ISTicol 
Finlayson,  and  I  am  happy  to  say  that  those  Gentlemen  un- 
animously coincide  with  me  in  opinion  that  no  serious  diffi- 
culty or  inconvenience  is  likely  to  arise  from  immediately  and 
henceforth  interdicting  the  use  of  Spirituous  Liquors  in  the 
ludinu  Trade  thr()iii>lifMit  f\\o.  Lac  la  Plnie  and  Jack  River  De- 


PIO^^EEE   LEGISLATIOJy"  791 

partments,  at  the  Posts  of  Cumberland  and  Moose  Lake,  in 
the  Saskatchewan  Department  at  the  Posts  of  Shoal  River 
and  Manitoba  in  the  Swan  River  Department,  and  at  the 
Posts  of  Oxford  and  Island  Lake  in  the  York  Department.  I 
have  therefore  to  desire  that  no  Spirituous  Liquors  be  issued 
to  Indians  at  any  of  the  said  Posts  from  henceforward  with- 
out special  authority  from  the  Governor  &  Committee  or  Coun- 
cil 

I  remain  Gentlemen 

Your  most  obedt  humble  Servant 

(Sigd)     GEORGE  SIMPSON. 

Russian  Agreement. 

Agreement  between  the  Hudsons  Bay  Company  and  the 
Russian  American  Company  respecting  certain  commercial 
arrangements  hereinafter  noticed,  signed  at  Hamburgh  sixth 
day  of  February  1839. 

The  Governor,  Deputy  Governor  &  Committee  of  the  Hud- 
sons Bay  Company  London  and  the  directors  of  the  Russian 
American  Company  of  St.  Petersburgh  being  desirous  of  draw- 
ing still  closer  the  ties  of  good  understanding  and  friendship 
which  unite  them  by  means  of  an  agreement  which  may  settle 
on  the  basis  of  reciprocal  convenience  and  advantage  different 
points  connected  with  the  Commerce  of  the  said  Hudsons  Bay 
Company  and  the  Russian  American  Company  have 
named  agents  to  conclude  an  Agreement  for  this 
purpose;  that  is  to  say  The  Hudsons  Bay  Company 
of  London  have  appointed  Mr.  George  Simpson  Governor 
of  their  Territories  of  Rupert's  Land  to  act  in  their  behalf; 
and  the  Russian  American  Company  have  appointed  his  ex- 
cellency Baron  Wrangell,  Rear  Admiral  in  the  service  of  his 
Majesty,  The  Emperor  of  Russia,  to  act  in  their  .behalf ;  who 
after  having  communicated  to  each  other  their  respective  full 
powers  found  in  good  and  due  form  have  agreeed  upon  &  signed 
the  following  Articles. — 

Article  1st.  It  is  agreed  that  the  Russian  American  Com- 
pany having  the  sanction  of  the  Russian  Government  to  that 
effect  shall  cede  or  lease  to  the  Hudsons  Bay  Company  for  a 
term  of  10  years  commencing  from  the  1st  June  1840  for  com- 
mercial purposes  the  Coast  (exclusive  of  the  Islands)  and  the 
interior  country  belonging  to  his  Majesty  the  Emperor  of  Rus- 


792  CANADIAN    ARCHIVES 

sia,  situated  between  Cape  Spencer,  forming-  the  I^orthwest 
headland  of  the  entrance  of  Cross  Sound  and  Latitude  54°  40' 
or  thereabouts  saj  the  Mainland  Coast  and  Interior  Country  be- 
longing to  his  Majesty,  the  Emperor  of  Russia  together  with 
the  free  navigation  and  trade  of  the  waters  of  that  Coast  and 
Interior  Country,  situated  to  the  Southward  and  Eastward  of  a 
supposed  line  to  be  drawn  from  the  said  Cape  Spencer  to  Mount 
Eair-Weather,  with  the  sole  or  entire  Trade  or  Commerce 
thereof;  and  the  Russian  American  Company  shall  abandon 
all  and  every  station  and  Trading  Establishment  they  now 
occupy  on  that  Coast  and  in  the  Interior  Country  already  des- 
cribed, and  shall  not  form  any  station  or  trading  Establish- 
ment during  the  said  term  of  ten  years,  nor  send  their  Officers, 
Servants,  Vessels  or  Craft  of  any  description  for  the  purpose 
of  trade  into  any  of  the  Bays,  Inlets,  Estuaries,  Rivers  or 
Lakes  in  that  line  of  Coast  and  in  that  interior  Country;  and 
shall  not  have  any  communication  for  the  purpose  of  trade  with 
any  of  the  Tribes  of  Indians  occupying  or  inhabiting  that 
Coast  or  interior  Country,  and  shall  not  receive  in  Trade,  Bar- 
ter or  otherwise  any  of  the  Furs,  Peltries  or  Produce  what- 
soever of  the  Mainland  Coast  or  Interior  Country  already 
described.  And  shall  in  good  faith  &  in  spirit  to  the  letter 
relinquish  in  favor  of,  and  cede  and  assign  to  the  Hudsons  Bay 
Company  the  entire  Trade  and  Commerce  of  the  said  Coast  and 
Country,  and  by  every  means  in  their  power  protect  the  Hud- 
sons Bay  Company  from  all  interference,  encroachment  or  com- 
petition in  their  trade  on  the  part  of  other  Russian  subjects, 
strangers  and  Foreigners  whatsoever  during  the  said  term  of 
Ten  years  as  effectually  as  if  the  said  Coast  and  Interior 
Country  had  not  been  ceded  and  had  been  virtually  occupied 
by  themselves.  And  that  the  Russian  American  Company  shall 
permit  and  afford  facilities  to  the  Hudsons  Bay  Company  ^o 
take  and  retain  possesion  of  the  Russian  Establishment  of 
Point  Highfield  at  the  mouth  of  the  Stikine  river  and  to  occupy 
by  the  formation  of  other  Establishments,  Stations  or  otherwise 
for  the  purposes  of  trade,  such  other  Posts  of  the  said  Coast 
and  Interior  Country  as  they  may  consider  it  desirable  so  to 
occupy.  And  in  the  event  of  this  Agreement  not  being  re- 
newed after  the  expiration  of  the  said  term  of  Ten  Years  it  is 
agreed  that  the  Hudsons  Bay  Company  shall  relinquish  in 
favor  of  the  Russian  American  Company  the  said  Establish- 
ment situated  at  Point  Highfield  and  any  other  stations  or 
Posts  they  may  in  the  meantime  form  on  the  Russian  Territory 


PIONEER  LEGISLATION  793 

already  described.  And  in  consideration  of  such  cession  & 
protection  and  of  the  Commercial  and  other  advantages  The 
Iludsons  Bay  Company  may  derive  from  such  cession  and  pro- 
tection, it  is  agreed  that  the  Hudsons  Bay  Company  shall  pay 
or  deliver  to  the  Russian  American  Company  as  annual  rent 
2000  seasoned  Land  Otter  Skins  (excluding  Cub  and  damaged 
Skins)  taken  or  hunted  on  the  west  side  of  the  Rocky  Moun- 
tains during  the  said  term  of  Ten  years ;  the  first  payment  of 
the  said  rent  to  be  by  the  delivery  of  the  said  2000  Otter  Skins 
on  or  before  the  1st  June  1841  to  the  Agents  of  the  Russian 
American  Company  on  the  Northwest  Coast. 

Article  2nd.  It  is  further  agreed  that  the  Hudsons  Bay 
Company  shall  not  trade  with  Indians  nor  receive  in  trade  or 
Barter  nor  hunt  any  Furs  or  Peltries  on  any  other  part  of  the 
Russian  Territory  on  the  Northwest  Coast  or  Islands  than  that 
ceded  to  them  under  the  provisions  of  the  foregoing  Articles. — 

Article  3rd.  It  is  further  agreed  that  the  Iludsons  Bay 
Company  do  sell  to  the  Russian  American  Company  all  the 
seasoned  Land  Otter  Skins  they  may  collect  on  the  West  side 
of  the  Rocky  Mountains  not  exceeding  2000  skins  over  and 
above  the  2000  skins  agreed  to  be  paid  as  rent  under  the  pro- 
visions of  the  first  x\rticle  for  the  said  term  of  Ten  Years  at 
the  price  of  23/  Sterling  per  skin  deliverable  annually  to  their 
Agent  on  the  Northwest  Coast.  And  that  the  Iludsons  Bay 
Company  do  further  agree  to  sell  to  the  Russian  American  Com- 
pany 3000  seasoned  Land  Otter  Skins  taken  or  hunted  on  the 
East  side  the  Rocky  Mountains  for  the  said  term  of  Ten  Years 
at  the  price  of  thirty  two  shillings  sterling  per  skin  deliverable 
annually  in  like  manner  to  the  Agent  of  the  Russian  American 
Company  on  the  Northwest  Coast,  the  first  delivery  of  Skins 
under  this  Article  likewise  to  be  on  or  before  the  first  June 
1841 ;  and  the  following  delivery  of  Skins  to  be  on  or  before 
the  first  of  June  in  every  year. 

Article  4th.  It  is  further  agreed  that  the  Iludsons  Bay 
Company  shall  provide  the  Russian  American  Company 
annually  for  a  term  of  Ten  Years  with  Wheat  to 
the  extent  of  2000  Fenagos  of  126  pounds  per  Fen- 
ago  in  1840  and  to  the  extent  of  4000  Fenagos  per 
annum  afterwards  at  the  price  of  Ten  Shillings 
and  Nine  Pence  Sterling  per  Fenago,  and  the  whole  or  as? 
much  of  the  undermentioned  Articles  as  convenient  in  184C 
and  the  full  quantities  annually  for  a  term  of  9  years  after- 
wards at  the  prices  afiixed  to  those  articles  respectively,  viz. : 


794  CANADIAN    ARCHIVES 


130 

130 


Wheat  Flour                                      @ 

18/5 

per  cwt, 

Pease                                                 " 

13/ 

U 

Grits  &  hulled  Pot  Barley,  if  it 

can  be  annually  provided              " 

13/ 

u 

Salted  Beef 

20/ 

C( 

Butter 

56/ 

n 

300 
160 
30     "     Pork  Hams  "       6d  per  lb. 

Provided  nevertheless  that  if  through  any  unforseen  cause 
it  may  not  be  possible  for  the  Hudsons  Bay  Company  to  fulfil 
their  part  of  the  Agreement,  then  and  in  that  case  it  is  agreed 
that  the  Russian  American  Company  shall  send  one  of  their 
Vessels  to  the  Southern  course  for  the  purpose  of  receiving  the 
like  supplies  through  the  agency  of  the  Hudsons  Bay  Company, 
any  extra  charge  that  may  be  incurred  through  such  contin- 
gency to  be  defrayed  by  the  Hudsons  Bay  Company. 

Article  5th.  It  being  desirable  for  the  Hudsons  Bay  Com- 
pany to  increase  their  Shipping  or  Tonnage  from  England  to 
the  ISTorth  West  Coast  as  a  means  of  facilitating  the  transport 
of  the  AYheat  &  other  supplies  they  have,  under  the  foregoing 
Article  of  this  Agreement  undertaken  to  deliver  to  the  Rus- 
sian American  Company,  it  is  further  agreed  that  whenever 
the  Russian  American  Company  may  have  occasion  to  forward 
to  their  Settlements  on  the  '^Northwest  Coast  British  manufac- 
tured Goods  and  other  supplies  of  the  like  description  as  they 
have  been  usually  in  the  habit  of  reeeivino'  from  England  & 
the  United  States  of  America  they  will  forward  the  same  on 
Ereight  by  the  Hudsons  Bay  Company's  annual  ship  from 
England  at  a  freight  of  £13  Sterling  per  Ton,  the  freight  to 
be  com]:)uted  eitlier  by  weight  or  measurement  according  to 
custom.  It  being  provided  nevertheless  that  when  the  Rus- 
sian American  Company  may  have  occasion  to  send  any  of 
their  own  ships  from  St.  Petersburgh  to  the  l^orth  West  Coast, 
they  will  in  such  cases  forward  their  supplies  by  their  own 
Ships  instead  of  by  the  Hudson  Bay  Companys  Ships. 

Article  6th.  It  is  further  agreed  that  the  purchase  money 
for  Otter  Skins  under  the  3rd  Article;  the  purchase  money  of 
wheat  and  other  Agricultural  produce  under  the  4th  Article ; 
the  Freight  of  Goods  under  the  5th  Article  of  this  Agreement ; 
and  the  purchase  money  for  any  other  Article  that  may  be  sup- 
plied to  the  Russian  American  Company  by  the  Hudsons  Bay 
Company  from  time  to  time  shall  be  paid  from  time  to  time  on 
the  delivery  respectively  of  the  said  Skins,  Wlieat  and  other 
Agricultural  produce,  Goods  on  Freight  and  other  articles  to 


PIONEEB  LEGISLATION  795 

the  Agent  of  the  Russian  American  Company  at  Fort  Simp- 
son, Stihine  or  any  other  Point  more  convenient  to  the  Hudsons 
Bay  Company  on  the  Xorthwest  Coast,  North  of  the  Latitude 
of  Fort  Simpson  by  Bills  of  Exchange  in  Triplicate  to  be 
drawn  by  the  said  Agent  of  the  Russian  American  Company 
on  the  Directors  of  the  Russian  American  Company  at  St. 
Petersburgh  in  favor  of  the  Governor,  Deputy  Governor  and 
Committee  of  the  Hudsons  Bay  Company  or  order  at  sixty 
days  after  sight  which  the  said  Directors  of  the  Russian  Ame- 
rican Company  shall  duly  honour  by  acceptance  and  payment. 

Article  7th.  It  is  further  agreed  that  should  a  declara- 
tion of  War  or  hostilities  unfortunately  break  out  between 
Great  Britain  and  Russia  hereafter  during  the  existence  of 
this  agreement,  then  and  in  that  case  such  national  hostilities 
•hall  not  become  a  pretext  for  the  non-payment  on  the  part  of 
t,he  Russian  American  Company  of  the  Drafts  of  their  Agent 
on  the  Xorth  West  Coast  of  America  in  favor  of  the  Hudsons 
Bay  Company  but  that  all  pecuniary  matters  of  Account  be- 
tween the  Contracting  parties  shall  be  liquidated  and  discharged 
honourably  and  in  good  faith  as  if  their  respective  nations  were 
in  the  most  perfect  amity. 

Article  8th.  It  is  further  agreed  that  should  a  declara- 
tion of  war  or  hostilities  unfortunately  break  out  between 
Great  Britain  and  Russia  hereafter  during  the  existence  of 
this  agreement,  the  Russian  American  Company  shall  guaran- 
tee and  hold  harmless  the  Hudsons  Bay  Company  from  all 
loss  and  damage  arising  from  such  hostilities  in  so  far  as  to 
enable  the  Hudsons  Baj'  Company  to  evacuate  and  abandon 
their  possessions  and  Trading  Posts  within  the  Russian  Terri- 
tory quietly  and  peaceably  and  to  remove  their  Goods,  Furs 
and  other  pro])erty  within  ?>  months  after  receiving  information 
of  such  hostility  or  declaration  of  war. 

Article  9th.  It  is  further  agreed  by  the  Hudsons  Bay 
Company  in  consideration  of  the  arrangements  entered  into 
under  the  provision  of  this  agreement  that  they  shall  relinquish 
their  claim  now  pending  on  the  Russian  Government,  the  Rus- 
sian American  Company  or  whoever  else  it  may  concern  for 
injury  or  damago  said  to  be  sustained  by  the  Hudsons  Bay 
Company  arising  from  the  obstruction  presented  by  the  Russian 
authorities  on  the  North  West  Coast  of  America  to  an  Expedi- 
tion belonging  to  the  Hudsons  Bay  Company  at  the  mouth  of 
the  river  Stihine  on  the  North  West  Coast  of  America  in  the 
year  1834  outfitter!   and  equipped  by  the  said  Hudsons  Bay 


796  •  CANADIAN    ARCHIVES 

Company  for  the  purpose  of  forming  a  commercial  station  in 
the  interior  British  Territory  on  the  Banks  of  the  said  Stihine 
River. 

In  witness  whereof  we,  the  respective  Agents  sign,  seal  and 
execute  this  Agreement  at  Hamburgh  this  sixth  day  of  Febru- 
ary Eighteen  hundred  and  Thirty  l^ine. 

(Signed)     OEOEGE  SIMPSON 

"  BAEOI^^  FERDINAND  WRANGELL 

Attested  by  Thomas  Malis  the  Russian  Vice  Consul  at 
Hamburgh  25th  January  1839. 

6th  February 

Hambu^'gli  6th  February  1830. 
Baron  Wrangell 

&c,  &c,  &c, 
Sir 

With  reference  to  the  agreement  Ave  have  this  day  concluded 
between  the  Hudsons  Bay  Company  and  the  Russian  Ameri- 
can Company,  I  beg  to  intimate  for  the  information  of  all 
whom  it  may  concern,  that  notice  will  be  sent  to  Lord  Palmei^- 
ston  by  the  Hudsons  Bay  Company  soon  after  my  arrival  in 
England  that  the  claim  made  by  the  Hudsons  Bay  Company 
on  the  Russian  Government  founded  on  certain  proceedings 
that  took  place  at  the  mouth  of  the  Stikiue  rive^-  on  the  No^tli 
West  Coast  of  America  in  the  vear  1834-  ha^  this  dnv  been  com- 
promised and  satisfactorily  adjusted  by  us  acting  respectively 
on  behalf  of  the  Hudsons  Bay  Company  and  the  Russian  Am- 
erican Company. 

I  have  the  honor  to  be 

&c      &c      &c 
(signed)    GEORGE  SIMPSON 


George  Simpson,  Esquire, 

^c,  &c,  &c. 
Sir 

With  reference  to  the  agreement  we  have  this  day  entered 
into  between  the  Russian  American  and  Hudsons  Bay  Com- 
panies, I  do  hereby  agree  that  during  the  Term  of  ten  years 
from  the  1st  June  1840,  the  Russian  American  Compj^ny  shall 


PIONEEK   LEGISLATION  797 

not  encourage  the  visits  to  the  North  West  Coast  of  Strangers 
and  Foreigners  by  purchasing  from  them  different  Goods  ex- 
cept such  as  may  be  required  in  cases  of  great  emergency  or  to 
realize  payment  for  operations  of  the  Dock  Yard  of  the  Rus- 
sian American  Comj^any  on  the  North  West  Coast  or,  if  it  is 
necessary  to  buy  a  whole  Ship  for  the  service  of  the  Russian 
American  Company.  But  it  is  distinctly  understood  that  in 
the  event  of  any  strange  Vessel  happening  to  visit  through 
severe  weather  or  for  the  purposes  of  illicit  trade  the  Russian 
Territory  on  the  North  West  Coast  and  that  the  Russian  Am- 
erican Company  have  not  the  power  or  right  of  compelling  the 
departure  of  such  vessel ;  such  contingency  is  not  to  be  made 
a  pretext  by  the  Hudsons  Bay  Company  for  withholding  the 
rent  agreed  to  be  paid  to  the  Russian  American  Company  for 
the  lease  of  the  Coast. 

I  have  the  honor  to  be 
&c,  &c,  &c, 

(signed)  BARON  WRANGELL 

Hambukgh,  6th  February  1839. 

Baron  Wrangell 

&c.     &c.     &c. 
Sir 

I  have  the  honor  to  acknowledge  your  letter  of  this  date  in 
reference  to  the  agreement  we  have  concluded  between  the 
Hudsons  Bay  Company  and  the  Russian  American  Company 
under  date  6th  February  1839,  and  in  reply  I  have  to  say  that 
I  am  perfectly  satisfied  with  the  assurance  you  have  given 
that  the  Russian  American  Company  will  not  during  the  exist- 
ence of  that  agreement  encourage  the  visits  of  Strangers  or 
Foreigners  whatsoever  for  the  purposes  of  trade,  and  further 
that  the  Hudsons  Bay  Company  will  not  withhold  or  evade 
payment  of  the  rent  agreed  to  be  paid  to  the  Russian  Ameri- 
can Company  under  the  circumstances  or  possible  contingencies 
referred  to  in  that  Letter. 

I  have  the  honor  to  be 
&c.  &c.  &c. 

,       (Signed)      GEORGE   SIMPSON. 


798  CANADIAN    ARCHIVES 

Instructions  for  preparing  Caviare. 
Iniined lately  after  the  Sturgeon  is  cut  open,  take  out  the 
Koe,  remove  the  film  or  skin  surrounding  it,  let  the  particles 
of  Roe  be  separated  by  hand  and  the  little  film  or  pieces  of 
skin  be  picked  out ;  put  the  Roes  into  a  sieve  or  perforated  Tub 
so  that  the  blood  and  Oil  may  drain  off  for  two  or  three  hours, 
in  a  house  of  moderate  temperature,  afterwards  mix  it  well 
up  by  hand  with  Salt  in  the  proportion  of  one  Salt  to  7,  8  or 
10  of  Roe  according  to  the  time  it  is  intended  to  be  kept,  let 
it  then  be  put  into  a  Bag  of  Cotton  or  Linen  or  clean  bale 
cloth,  tightly  compressed  and  tied  at  the  neck  and  hung  up  for 
4  to  8  days  in  the  house  (moderate  temperature)  so  as  to  allow 
the  Oil  or  Moisture  to  drain  off,  and  afterwards  let  it  be  packed 
up  and  nressed  tight  in  clean  Kegs  or  Casks  either  with  or 
without  the  Bags  and  carried  to  Market  in  as  cool  a  temperature 
as  possible.  Caviare  is  made  of  the  Roe  of  any  Fish.  The 
Beluga,  a  very  large  Fish  of  the  Sturgeon  kind  caught  in  the 
Volga  Ladoga  and  Onega  produces  the  best ;  but  it  is  supposed 
that  none  can  be  preferable  to  the  Hudsdns  Bay  or  Columbia 
Sturgeon.  Caviare  is  worth  in  St.  Petersburgh  about  60  Rubles 
or  2/10  the  Pood  of  36  lb.  or  1/4  to  1/5  per  lb.  and  is  sold  in 
the  Shons  in  London  at  from  2/ —  to  2/6  per  lb. 

Minutes  of  Council  ISJfO. 

Minutes  of  a  Council  held  at  ISTorway  House,  JSTorthern 
Department  of  Rupert's  Land  which  commenced  on  the 
Eighteenth  day  of  June,  One  Thousand,  Eight  Hundred  and 
Forty,  for  the  purpose  of  establishing  such  Rules  and  Regula- 
tions as  may  be  considered  expedient  for  conducting  the  busi- 
ness of  said  Department  and  in  order  to  investigate  the  result 
of  the  trade  of  the  last  year  and  to  determine  the  Outfits  and 
general  arrangements  for  the  trade  of  the  Current  year  con- 
formably to  the  Provisions  of  a  Deed  Poll  under  seal  of  the 
Governor  and  Company  of  Adventurers  of  England  trading  into 
Hudsons  Bay  bearing  date  the  6th  day  of  June,  One  Thousand 
Eight  Hundred  and  Thirty  Four  at  which  were  present  the 
followino-  members  Viz 

Duncan  Finlayson,     Chief  Factor,  President. 

flohn  Charles,  do 

John   Rowand,  do  . 

Peter  W.    Dease,  do 

Roderick  McKenzie,  *     do 

Donald  Ross,  do 


ITOAEEK   LEGISLATION 


799 


Alexr  Fisher, 
William  Todd, 
J3onald   ]\Iaiisoii, 


Chief  Trader 
do 
do 


Kesulved  1.  That  the  rotations  of  Furlough  1840  are  in 
favor  of  Chief  Factors  J.  D.  Cameron,  John  Charles  and  John 
McLoujohlin  with  Chief  Traders  John  McLeod  Jnr.  and  Mur- 
dock  McPherson. 

2.  That  Chief  Factor  John  Charles  with  Chief  Trader 
John  McLeod  Jnr.  and  Murdock  McPherson  avail  themselves 
of  their  rotations  for  the  Current  Outfit ;  and  that  the  rotations 
of  J.  D.  Cameron  and  John  McLoughlin  be  transferred  to  C. 
F.  Alexr.  Christie  and  A.  R.  McLeod. 

3.  That  Chief  Factor  P.  W.  Dease  with  Chief  Traders 
Donald  Manson,  William  Nourse,  &  Thomas  Simpson  be 
permitted  leave  of  absence  for  the  Current  Outfit,  but,  in 
the  event,  of  Chief  Factor  Dease  not  availing  himself  thereof 
that  his  services  be  considered  disposable  for  the  Current  Out- 
fit. 

In  order  to  guard  against  any  misapprehension  with  regard 
to  the  Furloughs  for  the  ensuing  year,  it  i«  Resolved 

4.  That  they  be  considered  in  favor  of  Chief  Factors 
James  Keith,  Joseph  Beioley  and  Alexander  Christie  with 
Chief  Traders  Thomas  Fraser,  &  George  Gladman. 

5.  That  the  following  appointments  take  place. 


Districts. 

Chief  Factors. 

Chief  'Traders. 

xlthabasca, 

P.  AV.  Dease, 

Colin  Campbell, 

McKenzies  River, 

John  Lee  Lewes, 

Simon  McGillivray, 

English  River, 

Rodk  McKenzie, 

Saskatchewan, 

John  Rowand, 

J.  E.  Harriott, 

Swan  River, 

Wm.   Todd, 

Red  River, 

Duncan  Finlayson, 

Lac  La  Pluie, 

Allan  McDonell, 

]Sricol  Finlayson, 

ISIorwav  House, 

Donald  Ross, 

York,  ■ 

James   Hargrave. 

Columbia, 


'N'ew  Caledonia. 


John  McLoughlin, 
Samuel  Black, 
James  Douglas, 

P.  S.  Oeden. 


Alexr  Fisher, 
George  Gladman, 
Richard  Grant. 
Archd  ]\IcDonald, 
John  Work, 
Wm.  H.  McTsTeil, 
P.  C.  Pambrun, 
John  Tod, 


800  CANADIAN"    ARCHIVES 

6.  Winter  Arrangements — 

Athabasca — Dunvegan,  Colin  Campbell,  C.T. 

Wm.  McMurray,  App.  P.M. 
Ft.  Chippewyan,     P.  W.  Dease,  C.T. 

Hector  McKenzie,  App.  P.M. 
Vermilion,  Wm.  Shaw,  P.M. 

Great  Slave  Lake,  Fras.  Butcher,  Clerk. 

7.  That  4  Boats  and  29  men  including  the  Guide  and  250 
pieces  Goods  constitute  the  Current  Outfit  for  this  District. 

8.  That  Chief  Factor  Dease  accompany  his  Bri- 
gade to  Norway  House  Summer  1841  for  the  purpose  of  at- 
tending to  the  business  of  the  District ;  and  that  the  Commis- 
sioned Gentlemen,  Clerks  &  Postmasters  remain  inland  &  be 
appointed  as  he  may  consider  expedient. 

9.  Summer  Arrangements — 

Athabasca — Dunvegan,  3  men  inch  Interpreter  and  App.  P.M. 
Ft.  Chippewyan  3  men  inch  Intr. 
Vermilion,  2  men  incl.  Intr. 

Great  Slave  Lake,  2  men  incl.  Intr. 

10.  That  Chief  Trader  Hargrave  take  the  necessary  steps 
to  prepare  and  forward  to  Norway  House  about  200  pieces 
goods  for  Athabasca  Outfit  1841  by  Indians  or  Eed  River  Car- 
riers. 

11.  That  C.  Factors  Dease  and  Ogden  concert  measure,  for 
conveying  to  ISTew  Caledonia  the  necessary  quantities  of  dressed 
Leather,  Parchment  &c,  &c,  for  the  use  of  the  latter  District. 

12.  Winter  Arrangements — 

McKenzies  River — Fort  Simpson,  J.  Lee  Lewes,  C.F. 

Alexr.  Isbister,  App.  P.M. 

Riv're  au  Liard,  Simon  McGillivray,  C.T. 

Fort  Halkett,  Charles  Brisbois,  Clk. 

Fort  Norman,  Adam  McBeath,  P.M. 

Ft.  Good  Hope,  Allan  Cameron,  Clk. 

Peels  River,  John  Bell,  Clk. 

Colviles  River,  Wm.  Mowat,  P.M. 

13.  That  about  220  pieces  goods  in  4  boats  manned  by  33 
men  including  the  Guide;  24  of  whom  are  Red  River  men 
hired  for  the  trip  and  9  men  under  contracts  as  regular  ser- 
vants who  are  intended  for  the  District  constitute  the  Cur- 
rent Outfit. 

14.  That  C.  Factor  Lewes  take  the  necessary  steps  to  es- 
tablish, in  the  summer  of  1841,  a  Post  on  the  head  waters  of 


PIONEER    LEGISLATION  801 

•Colviles  River,  should  the  discoveries  to  be  made  in  that 
quarter  this  Summer  render  such  a  measure  advisable;  and 
that  Robert  Campbell  and  A.  R.  McLeod  Jnr.  be  employed  in 
extending  the  trade  in  that  direction. 

15.  Summer  Arrangements — 

McKenzies  River — Fort  Simpsonj  2  men  inch  Interpr. 

Riv're  au  Liard  2     do  do 

Fort  Halkett       3     do  do 

Fort  Norman     1     do  do 

Ft.  Good  Hope  2     do  do 
Peels  &  Colviles  River 

16.  That  Chief  Factor  Lewes  accompany  his  Brigade  to 
Portage  La  Loche  Summer  1841  and  that  the  Commissioned 
Gentlemen,  Clerks  &  Postmasters  attached  to  the  District  re- 
main inland ;  and  be  appointed  as  he  may  consider  expedient ; 
and  that  it  be  discretionary  with  him  to  leave  such  a  number 
of  men  at  the  newly  established  Posts  as  he  may  consider  neces- 
sary for  their  safety. 

17.  That  Allan  Cameron  Clerk  be  permitted  to  leave  the 
District  sufficiently  early.  Summer  1841  to  reach  l^orway 
House  in  time  to  accompany  the  last  canoe  to  Canada,  he  hav- 
ing intimated  his  intention  to  retire  from  the  Service. 

18.  That  Chief  Trader  Hargrave  take  the  necessary  steps 
to  prepare  and  forward  in  course  of  the  Summer  about  250 
pieces  goods  to  I^orway  House  for  Outfit  1841;  the  same  to  be 
transported  thence  to  Portage  la  Loche  in  4  boats  to  start  on  or 
befm-p  tho  10th  June  1841  manned  by  a  Guide  and  30  men; 
of  whom  25  including  the  Guide  are  to  be  engaged  for  the  trip 
at  Red  River,  and  6  Servants  under  engagements  of  not  less 
than  3  years  to  replace  any  that  may  retire. 

19.  Winter  Arrangements — 

English  River — Tsle  a  la  Crosse,  Roderick  McKenzie  C.F. 

Pierre  Bruce,  Intr. 
Rapid  River,     An  Interpreter. 
Green  Lake,       Thos.  Hodgson,  P.M. 
Deer's  Lake,      Geo.  Deschambeault,  Clk. 

20.  That  140  pieces  Goods  in  3  Boats  manned  by 
16  men  including  the  Guide  and  Indians  hired  for  the  trip 
from  English  River  constitute  the  Current  Outfit  for  that 
District. 

28159—51 


802  CAJifADIAN    ARCPTIVES 

21.  Summer  Arrangements — 

English  River — Isle  a  la  Crosse,  Geo.  Deschambeault,  Clk. 

and  2  men. 
Rapid  River,  1  man. 

22.  That  the  usual  quantity  of  dried  provision  be  provided 
and  forthcoming  for  the  use  of  the  outward  and  inward  bound 
ISTorthern  Craft,  Spring  and  Summer  1841. 

23.  Winter  Arrangements — 

Saskatchewan — Edmonton,  John  Rowand,  C.F. 

Eobt.  Clouston,  Clk. 
Carlton,  Patrick  Small,  Clk. 

Rocky  Mountn.  Ho.,    T.  E.  Harriott,  C.T. 
Ft.  Assineboine,  John  Rowand,  Jnr.  Clk 

Lesser  Slave  Lake,       Geo.  McDougall,  Clk. 
Fort  Pitt,  Henry  Fisher,  Clk. 

Peter  Ogden,  App.P.M. 
Jaspers  House,  An  Interpreter. 

Cumberland,  Andw.  McPherson,  Clk 

Moose  Lake,  An  Interpreter. 

24.  That  about  500  pieces  Goods  in  11  Boats  manned  by 
Servants  belonging  to  the  District  constitute  the  Current  Out- 
fit; and  that  the  Crews  be  made  up  by  ingoing  Servants  be- 
longing to  the  Columbia  and  I^ew  Caledonia  Districts. 

2.5.  That  the  following  provisions  and  other  Country  Pro- 
duce be  provided  by  this  District  and  brought  to  l^orway 
House  next  season,  viz. : 

8  new  Boats  of  28  feet  Keel. 

150  Bales  dried  Meat,  90  lb.  each. 

450  Bags  Com.  Pemican  90  lb. 

80        "     Fine  '^         45  "        . 

1000  pairs  Tracking  shoes. 

30  Leather  Tents.  " 

500  Buffalo  Tongues. 

26.  That  120  Bags  Pemican  and  the  usual  quantity  of  other 
Country  Produce  be  deposited  at  Cumberland  House  next 
season  for  the  use  of  passing  Brigades. 

27.  That  a  Boat  and  2  men  be  left  at  York  for  the  purpose 
of  convej'ing  12  of  the  Servants  coming  from  Europe  by  the 
Ship  inland,  where  it  is  understood  they  are  to  pass  the  Win- 
ter, and  that  they  he  brought  to  the  Depot  next  Summer  for 
general  distribution. 


riONEEE    LEGISLATIOX  803 

28.  Summer  Arrangements — 

Saskatchewan — Edmonton,  Jolin'Rowand,  Jr.,  Clk.  &  12 

men. 
Carlton,  •  Patk.  Small,  Clk.  &  7  men. 

Ft.  Assineboine,    An  Interpreter  &  1  man. 
Lesser  Slave  Lake;  G.  McDoiigall,  Clk.  &  2  men 
Fort  Pitt,  Henry  Fisher,  Clk.  &  4  men 

Jaspers  House,      An  Interpreter  &  1  man. 
Cumberland,  Andw.  McPherson,  Clk.  &  2 

men. 

As  Mr.  Eowand's  jiresence  will  be  required  to  attend  a 
Council  at  Red  Kiver  Spring  1841,  it  is  Resolved 

29.  That  Chief  Trader  J.  E.  Harriott  assisted  by  Robert 
Clouston  Clerk  accompany  the  Brigade  to  and  from  the  Factory, 
and  that  the  Clerks  and  Postmasters  remaining  inland  be 
appointed  as  Chief  Factor  Rowand  may  consider  expedient, 

30.  Winter  Arrangements^ 

Swan  River— Fort  Pelly,  William  Todd,  C.T. 

Fort  Ellice,  Jno.  R.  McKay,  P.M. 
Manitobah,  Eras  Richard,  P.M. 
Shoal  Lake,  An  Interpreter. 

31.  That  about  190  pieces  Goods,  3  Boats  and  15  voyaging 
Servants  constitute  the  Outfit  for  this  District;  100  pieces  of 
those  Goods  for  the  Posts  of  Fort  Pelly,  Manitobah  and  Shoal 
River,  and  the  remainder  to  be  forwarded,  partly  on  freight 
to  Red  River  Settlement  for  the  trade  of  Fort  Ellice;  the 
crews  of  the  Boats  to  be  made  up  to  6  men  each  by  trippers 
hired  for  the  voyage. 

32.  That  Chief  Trader  Todd  take  to  Norway 
House  next  Spring  300  lb.  grease,  30  bushels  salt  &  20  leather 
tents  for  distribution ;  and  that  he  take  the  necessary  steps  to 
])rovide  300  bushels  salt  for  the  use  of  the  Red  River  Settle- 
ment, deliverable  at  the  ISTorth  End  of  Manitobah  Portago, 
the  price  not  to  exceed  8/  per  bush. 

33.  Summer  Arrangements — 

^wan  River — Fort  Pelly,  3  men  including  Intr. 

Fort  Ellice,  J.  R.  McKay  P.M.  &  7  men 
Manitobah,  Eras.  Ricard  P.M. 
Shoal  River,  A  Labourer 
28159—511 


SO-i  CANADIAN    ARCHIVES 

34.  Winter  &  Summer  Arrangements. — 
Red  River — Fort  Garrj,  Duncan  Finlayson,  C.F. 

Hector  McKenzie,  Clk. 

Allan  McMillan,  App.  Clk.  &  6  men. 
Lov7©r  Fort,  John  Black,  Clk.  &  2  men. 
Surveying,  Geo.  Taylor,  Clk. 
Warden  of  the  Plains,  Cuthbert  Grant 
Expermtl.  Farm,  Geo.  Carey  &l  6  men. 

35.  That  the  Lake  Winnipeg  Vessels  winter  in  Red  Rivoi ; 
the  crews  to  be  employed  as  Chief  Factor  Finlayson  may  find 
expedient,  and  that  he  be  authorized  to  emplov  additional 
Tradesmen  and  Labourers  for  erecting  the  requis'i:^  buildings 
at  the  Lower  Fort. 

36.  That  the  arrangements  entersd  Into  m  1S38/39  witii 
Settlers  for  the  transport  of  Goods  from  York  to  Xorway 
House  and  Red  River  be  confirmed,  say  1839. 

From  York  Factory  to  IS^orway  House  13/  per  piece. 

From  York  Factory  to  Red  River  17/  per  piece. 
1840     From  York  Factory  to  Norway  House 

From  York  Factory  to  Red  River 
1841  the  same  as  1840  with  the  express  condition  that  no 
Indians  are  to  be  employed  in  su^h  transport. 

37.  That  the  following  supplies  bo  provided  at  the  Colony 
for  exportation  to  I^orway  House  Summer  1841.  made  up 
in  sound  and  transportable  packages  aud  purchased  at  the  usual 
price,  viz. : 

30  Bushels  Rough  Barlev 

12  Cwt.  Corn  Beef 

30     "     Biscuit 

42  Oak  Boards 

40  Firkins  Butter  56  Ib^.  e.':. 

10  half  "  do     28  ' 

6  Maccarons    do 
80  lbs.  Cheese. 
15  Kegs  Eggs 
650  Cwt.  Klin  dried  Flour 
70  well  cured  Hams 
50  Bales  dried  Meat  00  lbs.  ea. 
400  Bags  Com.  Pemican 
45  Cwt.  Salted  Pork 
40  Kegs  Potatoes 

3  Bushels  Onions 


PIONEER    LEGISLATION  805 

1000  pairs  tracking  Shoes 
200  Portage  Straps 
2  Kegs  Salted  Suet 
15  assortments  Garden  Seeds 

38.  That  a  Guide  and  24  men  be  engaged  for  the  Mc- 
kenzies  River  transport  and  the  falj  freight  from  York  Factory 
to  Eed  River  at  £25  to  the  Guide,  £16  to  the  Steerman,  £14  to 
the  Bowsman  and  £12  to  the  Middleman. 

39.  That  the  price  of  Dollars  in  Red  River  dur- 
ing the  Current  Outfit  be  at  the  rate  of  4/9  per  ounce  or  Ster- 
ling per  Dollar  and  English  Coins  at  the  standard  value. 

40.  Winter  Arrangements — 

Lac  la  Pluie — Fort  Frances,  Allan  McDonell,  C.F. 

Wm.  Sinclair,  Clk. 
Lac  du  Bois  Blanc,    James  Isbister,  P.M. 
Rat  Portage,  Dond.  McKenzie,  Clk. 

Fort  Alexander,  l^icol  Finlajson,  C.T. 

41.  That  about  250  pieces  Goods  with  a  complement  of 
12  voyaging  Servants  constitute  the  Current  Outfit,  140  of 
these  to  be  taken  from  York  to  E'orway  House  in  2  Boats 
manned  by  12  voyaging  Servants ;  and  the  remaining  110  pieces 
to  be  transported  to  Norway  House  on  freight ;  and  from  Nor- 
way House  the  whole  to  be  transported  in  4  Boats  manned  by 
3  men  each,  with  the  assistance  of  Indians. 

42.  That  40  pieces  provisions  be  supplied  from  Red  River 
in  addition  to  the  usual  quantity  of  Country  Produce. 

43.  That  the  sum  of  £300  Sterling  be  paid  by  Draft  on 
the  Governor  &  Committee  to  Ramsay  Crooks,  Esquire,  in 
consideration  of  the  opposition  having  been  removed  from  the 
frontiers  of  the  Lake  Superior,  Lac  la  Pluie,  and  Red  River 
District,  conformably  to  the  terms  of  an  arrangement  entered 
into  between  the  Hudsons  Bay  Company  and  the  American 
Fur  Company,  the  said  amount  to  be  charged  to  Lac  la  Pluie 
Outfit  1839. 

Information  having  been  received  through  Mr.  Keith  from 
Ramsay  Crooks  Esquire,  President  of  the  American  Fur  Com- 
pany, intimating  the  probability  of  Mr.  W.  A,  Aitkins  esta- 
blishing a  trading  Post  on  the  borders  of  the  Lac  la  Pluie  Dis- 
trict near  Vermilion  Lake  with  a  view  of  carrying  on  a  trade 
with  the  natives  of  that  quarter,  and  Mr.  Crooks  having  re- 
quested permission  to  oppose  Mr.  Aitkin  in  order  to  restrain 


80G  CAXADIAN    ARCHIVES 

his  encroachments  upon  the  trade  of  Lac  la  Pluie  District,  it  is 
Resolved 

44.  That  Mr.  Crooks  be  requested  to  oppose  him  accord- 
ingly. 

45.  That  Chief  Factor  McDonell  be  insti'ucted  to  make 
the  necessary  arrangements  for  meeting  the  expected  opposi- 
tion with  vigour ;  and  that  any  additional  supplies  in  men  and 
Goods  required  for  that  purpose  be  furnished  him  from  Red 
River  by  C.  F.  Finlayson. 

46.  Summer  Arrangements — 

Lac  la  Pluie, — Fort  Frances,  3  men  including  Intr. 
Fort  Alexander,  2  men  including  Intr. 
Rat  Portage,         2  men  including  Intr. 

47.  That  Chief  Factor  McDonell  make  the  necessary  Sum- 
mer appointments  of  Clerks  &  Postmasters  for  this  District. 

48.  Winter  Arrangements — 

Norway  House — ISTorway  House.  Dond  Ross,  C.F. 

John  Finlayson,  App.  Clk.  & 

7   men. 
Berens  River,  Robt.  Cummings,  P.M.  &  2  men 
ISTelson  River,  John  Isbister,  P.M.  &  2  men. 

49.  That  2  voyaging  Servants  belonging  to  this  District 
assisted  by  30  Indians  to  be  engaged  for  that  purpose  be  em- 
ployed to  make  one  trip  between  iN^orway  House  and  York  with 
4  Boats  carrying  80  pieces  Goods  each  per  trip  upwards  or  320 
pieces  in  all,  110  pieces  of  which  to  form  the  District  Outfit 
and  the  remaining  210  pieces  Goods  on  freight. 

50.  That  with  the  exception  of  Red  River  and 
other  Country  Produce,  no  supplies  of  any  description  be  given 
or  sold  to  Servants  or  Districts  at  ISTorway  House. 

51.  That  the  6  new  h-ands  intended  for  the  McKenzies 
River  1841  be  stationed  at  JSTorway  House  during  the  Winter 
together  with  any  supernumeraries  that  can  be  supplied  from 
York  in  the  Fall  for  the  purpose  of  erecting  the  necessary 
buildings  at  that  place. 

52.  Summer  Arrangements — 

IS;  or  way  House — Norway  House,  Donald  Ross,  C.F. 

John  Finlayson,  Clk.     &     7 
men. 
Berens   River,    Robt.    Cummings,    P.M.    &    1 

man. 
Nelson  River,  John  Isbister,  P.M.  &  1  man. 


PIONEER    LEGISLATION  807 

53.  Winter  &  Summer  Arrangements — 
York — ^York  Factory,  James  Hargrave,  C.T. 

Geo.  Gladman,  C.T. 

Surgeon, 

Wm.  McTavish,  Clerk. 

Richard  Lane,  App.  Clk. 

W.  B.  Philpin,  Sloopmaster. 

T?.obert  Wilson.  P.M. 
Churchill,  Robert  Harding,  Clk. 

Severn,  John  Cromartie,  Intr. 

Trout  Lake,  Alexr.  Fisher,  C.T. 

Oxford  House,  Richd.  Grant,  C.T. 

Island  Lake,  Wm.  McKay,  P.M. 

54.  l^otwithstanding  the  appointment  of  Mr.  Grant  to 
Oxford  House  it  is  understood  that  he  shall  be  at  York  during 
the  Summer  for  the  purpose  of  attending  to  the  Sale  Ships. 

55.  That  30  men  including  Mechanics  and  the  Crew  of  the 
Frances  Schooner  constitute  the  Summer  &  Winter  Establish- 
ment of  York  factory. 

56.  That  6  men  constitute  the  Summer  &  Winter  Establish- 
ment of  Churchill  with  an  Outfit  amounting  to  about  90  pieces 
Goods  and  Pro\dsions  to  be  transported  from  York  during  the 
Summer  by  the  Frances  Schooner. 

57.  That  90  pieces  Goods  and  Provisions  with  8  men  con- 
stitute the  Current  Outfit  for  the  Posts  of  Trout  Lake  and 
Severn ;  and  that  Chief  Trader  Fisher  make  the  necessary 
Summer  Arrangements  for  these  Posts ;  and  that  all  his  dis- 
posable hands  be  at  York  as  early  as  possible  for  the  purpose 
of  being  employed  there  during  the  Summer. 

58.  That  Chief  Trader  Grant  be  directed  to  employ  4  Boats 
manned  by  32  Indians  and  a  Guide  in  performing  a  double 
trip  between  the  Depot  and  ISTorway  House  in  the  transport 
of  Goods  and  Returns ;  the  lading  of  each  Boat  upwards  to  be 
80  and  downwards  70  pieces ;  5  of  which  to  be  left  at  Oxford 
and  remaining  65  pieces  per  Boat  to  be  deliverable  at  Y. 
Factory. 

59.  That  70  pieces  Goods  transported  in  a  Boat  manned 
bv  6  Servants  and  one  Indian  tripman  constitute  the  Current 
Outfit  for  Oxford  and  Island  Lake  Outposts. 

60.  Summer  Arrangements — 

Island  Lake— Oxford  House,  Wm.  McKay,  P.M.,  &  1  man. 
Island  Lake,        1  man. 


808  CANADIAN    ARCHIVES 

61.  Columbia  Arrangements — 
Fort  Vancouver — John  McLoughlin,  C.F. 

James  Douglas,  C.F. 

Dugald  McTavish,  Clerk. 

Geo.  T.  Allan,  Clerk. 

Wm.  F.  Tolmie,  Surgeon. 
David  McLoughlin,  App.  Clk. 
Geo.  B.  Eoberts,  P.M. 
Fort  George — James  Birnie,  Clerk. 
Iv'isquallj  &  Cowlitz  Portage — ^Wm.  Kittson,  Clerk. 

James  Steile,  Clerk. 
Fort  Langlej — James  M.  Yale,  Clerk. 
Fort  Simpson — John  Work,  C.T. 

Angus  McDonald,  App.  Clk. 
Fort  McLoughlin — Alexr.  C.  Anderson,  Clerk. 
Umpqua — Jn.  B'te  Gagnon,  Interpreter. 
Buenaventura  Expedn. — Michel  Laframboise,  P.M. 

Archd.  McKinlay,  Clerk. 
Snake  Expedn.  inch  Fort  Hall — Francis  Ermatinger,  Clk. 

Courtney  Walker,  Clk. 

Charles  Forrest,  P.M. 

Angus  McDonald,  Inter. 
Boissi — Eras.  Payette,  P.M. 
Fort  Colvil^Archd.  McDonald,  C.T. 
Flat  Heads — Donald  McLean,  Clerk. 
Coutonais — An  Interpreter. 
Thompsons  River — Samuel  Black,  C,  Factor. 
Okanagan — An  Interpreter. 
ISTez  Percez — P.  C.  Pambrun,  C.  Trader. 
Stikine— Wm.  G.  Rae,  Clerk. 

John  McLoughlin,  Clerk  &  Surgn. 
Tacou  &  Upper 

Stikine  Posts  Disposable — John  Kennedy,  Clerk  &  Surgn. 

Rodk.  Finlayson,  App.   Clk. 

Forbes  Barclay,  Surgeon. 

John  O'Brien,  Clerk. 

Henry  Maxwell,  Clerk. 

A.  Lee  Lewes,  App.   Clerk. 

William  Wood,  App.  Clk. 

John  McPherson,  App.  P.  Mr. 
Sandwich  Islands — Geo,  Pelly,  Agent. 

Alexr.  Simpson,  Clerk. 


PIONEER    LEGISLATION  809 

Reaver  Steamer — Wm.  H.  McNeil,  C.  Trader. 

James  Saii2:ster,  Commander. 
Walter  Stoddart,  Mate. 
Jos.  Carless,  1st  Engineer. 
Barque  Vancouver — Alexr.  Duncan,  Master. 

Wm.    Mitchell,^  Mate. 
Schooner  Cadhoro — James  Scarborough,  Master. 

Alexr.   Lattey,  Mate. 
N'ew  Caledonia — Stuarts  Lake,  P.  S.  Ogden,  C.  Factor. 

Wm.  Shaw,  Clerk. 
Erasers  Lake,   Charles  Ross,    Clerk. 
McLeods  Lake.  Paul  Eraser,  Clerk. 
Alexandria,  John  Tod,  C.  F. 
Chilcotins,  Wm.  E.  Lane,  Clk. 
Conolljs  Lake,  John  McKintosh,  Clk. 
Fort  George,  Wm.  Porteous,  App.  Clk. 
Babines,  Wm.   McBean,  App.   Clk. 

62.  That  it  be  discretionary  with  Chief  Factor  McLoughlin 
to  make  the  appointments  of  the  Commissioned  Gentlemen, 
Clerks  and  Postmasters  in  the  Columbia  Department  which  is 
understood  to  comprehend  ISTew  Caledonia,  the  Sandwich 
Islands  and  the  Marine  Department ;  it  being  also  however 
understood  that  it  be  discretionary  with  Chief  Factor  Ogden 
to  make  the  appointments  of  the  Gentlemen  in  I^ew  Caledonia 
as  he  may  consider  expedient. 

With  reference  to  the  agreement  entered  into  with  the  Rus- 
sian American  Eur  Company,  it  is  resolved 

63.  That     Chief    Factor    McLoughlin    take    the    neces-' 
sary  measures  for  carrying  into  full  effect  the  instructions  of 
the  Committee  on  the  subject,  and  for  completing  our  contract 
with  that  association. 

64.  That  steps  be  taken  to  establish  Outposts  in  the  interior 
Country  of  both  the  Stikine  and  Tacou  Rivers  in  the  year  1841. 

65.' That  Messrs.  O'Brien  and  Maxwell,  Clerks,  and  Mr. 
McPherson,  Apprentice  Postmaster,  with  labouring  Servants 
and  Mechanics  (3  of  whom  including  a  Blacksmith  are  intended 
for  the  ISTew  Caledonia  District)  to  be  provided  from  York 
Depot,  accompany  the  Saskatchewan  Brigade  under  the  charge 
of  Chief  Factor  Rowand  to  Edmonton  and  from  thence  proceed 
under  the  charge  of  Mr.  Dugald  McTavish  to  Fort  Vancouver 
unless  he  may  receive  further  instructions  from  C.  E.  Mc- 
Loughlin by  which  he  will  regulate  his  movements. 

From  the  want  of  judgment  and  foolhardiness  of  many  of 
our  Guides  in  running  rapids,  which  has  already  been  produc- 


810  CANADIAN    ARCHIVES 

tive  of  such  melancliolj  results  in  the  loss  of  both  lives  and 
property  particularly  in  the  Columbia,  it  is  Resolved 

QQ.  That  no  Guide  or  Steersman  be  hereafter  permitted 
to  run  any  rapid  or  fall  where  the  least  danger  is  to  be  appre- 
hended ;  and  that  any  contravention  or  evasion  of  this  resolu- 
tion be  visited  with  the  most  severe  punishment  which  the 
Governor  &  Council  can  legally  inflict  and  that  no  Gentleman 
in  charge  of  Brigades  be  allowed  to  absent  themselves  from 
such  charge  until  they  reach  their  destination. 

67.  That  all  Gentlemen  in  charge  of  Districts,  Posts  and 
Brigades  be  directed  to  give  publicity  to  the  foregoing  Resolu- 
tion. 

68.  That  Chief  Factor  McLoughlin  be  directed  to  give  his 
particular  attention  to  the  affairs  of  the  Puget  Sound  Agricul- 
tAiral  Company;  and  that  every  facility  be  afforded  towards 
placing  the  affairs  of  that  association  on  as  favourable  a  foot- 
ing as  passible. 

69.  That  Chief  Factor  Ogden  make  the  necessary  requisi- 
tion for  Leather,  &c.,  agreeably  to  the  11th  Resolution  of  these 
Minutes. 

70.  That  Chief  Factor  Ross  be  directed  to  take  the  neces- 
sary steps  to  provide  and  forward  3000  prime  Otters  by  the 
Columbia  Brigade  this  season,  for  the  purpose  of  meeting  our 
Contract  with  the  Russian  American  Company ;  and  that  Chief 
Factor  Rowand  and  Mr.  Dugald  McTavish,  Clerk,  be  particu- 
larly enjoined  to  take  the  most  watchful  care  of  these  skins 
from  soil  or  damage  of  any  kind  during  the  voyage. 

In  order  to  ensure  the  due  fulfilment  of  our  Contract  with 
the  Russian  American  Fur  Company,  it  is  Resolved 

71.  That  Chief  Factor  Ross  be  authorized  to  order  from  the 
Posts  of  Lake  Superior  District  to  be  taken  to  the  l^orthern 
Department  by  the  Montreal  Brigade  Spring  1841  as  many 
prime  Otter  Skins  as  he  may  find  necessary  to  complete  the 
said  Contract ;  and  that  he  be  directed  to  make  any  other  arran- 
gements he  may  think  requisite  for  the  accomplishment  of  this 
object. 

In  order  to  afford  every  facility  to  Governor  Simpson  on 
his  intended  arduous  journey  across  the  Continent,  it  is  Re- 
solved 

72.  That  Chief  Factor  Rowand  be  directed  to  provide  the 
necessary  Horses  and  appointments  for  crossing  the  plains  from 
Red  River  to  Edmonton  and  thence  to  Fort  Assiniboine;  and 
the  requisite  Craft  for  ascending  the  Athabasca  river  to  Las- 


PIONEER    LEGISLATION  811 

pers  House  together  with  horses  from  thence  to  the  Boat  En- 
campment, and  that  Chief  Factor  McLoughlin  be  directed  to 
provide  two  Good  Boats  with  the  necessary  Guides,  Boutes  and 
Provisions;  all  to  be  in  readiness  at  the  Boat  Encampment  on 
or  before  but  not  later  than  the  20th  August  1841. 

In  order  to  give  full  effect  to  the  laudable  and  benevolent 
views  of  the  Governor  and  Committee  towards  the  diffusion  of 
Christianity  and  civilization  among  the  natives  of  this  Country, 
it  is  Resolved 

Y3.  That  three  Missions  be  established  in  the  iSTortheru 
Department  this  season — say  one  at  Norway  House  under  the 
charge  of  the  Revd.  Mr.  Evans,  one  at  Lac  la  Pluie  under  the 
charge  of  Revd.  Mr.  Mason,  and  one  at  Edmonton  under  the 
charge  of  the  Revd.  Mr.  Run  die ;  that  every  facility  be  afforded 
them  for  successfully  conducting  their  spiritual  labours ;  and 
that  a  Copy  of  the  9th  Paragraph  of  the  Governor  and  Com- 
mittee's Dispatch  of  4th  March  1840  on  this  subject  be  furnish- 
ed to  each  of  the  Gentlemen  in  charge  of  the  above  Districts  for 
the  purpose  of  giving  full  effect  to  their  Honor's  instructions. 

74.  That  the  Gentleman  in  charge  of  York  Factory  be 
directed  to  send  an  extra  Commissioned  Gentleman's  allowance 
to  jSs^orway  House,  Lac  la  Pluie  and  Saskatchewan  for  the  use 
of  the  Mission. 

75.  That  an  allowance  of  £100  with  the  usual  supplies  of 
Tea,  Sugar,  kc,  be  made  to  the  Catholic  Mission  of  Red  River 
for  the  Current  Outfit. 

76.  That  an  allowance  of  £100  be  made  to  Dr.  Bunn  for 
medical  attendance  on  the  Honble.  Company's  Establishment  at 
Red  River,  the  retired  Servants  who  cannot  afford  to  pay  for 
such  and  other  pauper  Settlers  for  the  Current  Outfit. 

77.  That  an  allowance  of  £100  be  made  to  Mr.  John  Mac- 
Callum,  in  aid  of  the  Boarding  School  under  his  management 
for  the  Current  Outfit. 

78.  That  the  usual  contribution  of  £100  per  annum  towards 
maintaining  the  Police  Establishment  of  Red  River  be  con- 
tinued. 

79.  That  no  Servants  be  permitted  to  settle  at  Red  River 
Colony,  unless  they  become  purchasers  from  the  proprietors  of 
the  soil  of  at  least  50  acres  of  Land  at  7/6  per  acre;  an  order 
for  the  payment  thereof  to  be  deposited  with  the  Gentleman  in 
charge  of  the  Depot  to  which  they  have  been  attached  previous 
to  their  departure  for  the  settlement. 


812  CANADIAN    ARCHIVES 

80.  That  all  Furs  killed  by  Commissionefl  Gentlemen, 
Clerks  and  Servants  and  their  families  be  considered  the  pro- 
perty of  the  Company,  and  be  paid  for  at  the  Indian  Standard 
cf  the  District,  and  that  no  Furs  of  any  description  be  permitted 
to  be  used  in,  or  sent  out  of  the  Country  on  private  account  ex- 
cept such  as  are  purchased  from  the  Stores ;  and  that  Furs  so 
purchased  for  private  or  family  use  in  the  Country  be  always 
purchased  for  10  per  cent  on  the  last  nett  average  Sales,  but 
that  all  Furs  purchased  for  sending  out  of  the  Country  be 
charged  at  the  highest  price  obtained  in  England  for  such  de- 
scription of  Furs  during  the  preceeding  year. 

With  reference  to  the  20th  Paragraph  of  the  Govr.  and  Com- 
mittee's Dispatch  of  this  season,  regarding  the  expense  incurred 
bv  the  present  mode  of  packing  and  sending  home  the  Furs, 
It  is 

81.  That  all  Gentlemen  superintending  Districts  be  request- 
ed to  give  directions  that  the  Beaver  and  Bear  Skins  procured 
in  their  respective  Districts  be  well  beaten  and  dusted  previous 
to  their  being  packed,  to  instruct  the  Indian  hunters  to  stretch 
and  dry  the  Lynx  Skins  with  the  fur  outside,  to  remove  the 
genitals  of  the  Male  Martens,  and  to  see  that  no  Beaver  or  prime 
Bear  Skins  be  used  as  wrappers  or  covers  for  packs  in  future. 

82.  That  the  sum  of  £300  be  annually  set  aside  from  the 
profits  of  the  Fur  trade,  commencing  with  the  last  Outfit,  as  a 
fund  from  which  to  grant  pensions  to  retiring  meritorious 
Officers  whose  length  of  servitude  and  limited  circumstances 
give  them  expectations  which  could  not  otherwise  be  realized. 

83.  That  agreeably  to  the  reoommendation  of  the  Governor 
and  Committee  the  sum  of  £100  be  allowed  to  Mr.  Colin  Robert- 
son, late  Chief  Factor,  out  of  the  above  fund  at  their  pleasure. 

84.  That  from  want  of  the  necessary  information,  it  is  not 
expedient  at  present  to  enter  on  the  subject  of  renewing  the 
Engagements  of  such  Clerks  and  Postmasters  whose  Contracts 
have  expired  with  the  past  Outfit,  until  the  next  sitting  of  Coun- 
cil ;  it  is  how^ever  understood  that  this  resolution  is  not  to  oper- 
ate to  the  prejudice  of  any  of  those  entitled  to  increase  of  salary 
which  will  of  course  commence  with  the  Current  Outfit. 

85.  That  the  amount  of  Requisition  from  England  for  ship- 
ment '41,  do  not  exceed  the  sum  of  £ 

86.  That  the  following  Servants  be  engaged  for  the  ISTorth- 
ern  Department  on  5  years'  Contracts,  viz": 


PIONEER    LEGISLATION 


813 


From  Europe. 
2  Blacksmiths @  from  £25  to  £30  per  anm. 

2  Coolers    (Fishcurers)  .  .  . 

3  Masons 

2  Joiners 

6  Sloopers 

30  Labourers 


25  "     30 
25  "     30 
25  "     30 
20 
16 


45 

From  Canada  3  years'  Contracts, 

50  Voyageurs  @  prix  du  Poste  or  £17  Ster.  per  annm. 

87.  That  Kesolutions  88,  91,  92,  95,  98,  99,  100  and  101 
of  Council  June  1837  be  considered  as  forming  part  of  the 
standing  Rules  and  Regulations  of  the  Service  and  be  added 
thereto. 

88.  That  in  the  purchase  of  Musk-Rats  throughout  the 
ISIorthern  Department,  except  at  Red  River  12  large  Rat  Skins 
be  considered  equal  to  a  Made  Beaver;  that  in  Red  River  10 
large  Rat  Skins  be  considered  equal  to  a  made  Beaver ;  and  that 
no  small  Rats  be  purchased  at  any  price. 

To  prevent  a  recurrence  of  the  inaccuracies  found  of  late 
years  in  the  Depot  Fur  Packing  Accts.,  it  is  Resolved 

89.  That  a  Commissioned  Gentleman  or  Clerk  of  correct 
habits  of  business  be  intrusted  with  the  management  of  that 
branch  of  the  Depot  duties  hereafter  who  will  check  the 
accounts  of  his  subordinates  by  passing  every  skin  through  his 
ovp-n  hands  and  that  C.  Trader  Donald  Manson  be  appointed 
to  that  duty  this  Summer  at  York  Factory. 

With  reference  to  the  32nd  Paragraph  of  the  Govr  &  Com- 
mittee's Dispatch  of  4th  March  last,  on  the  subject  of  simpli- 
fying the  Accounts  by  equalizing  the  percentages  on  Inland 
Inventories,  It  is 

90.  That  an  advance  of  25  per  cent  be  added  to  the  York 
Depot  Tariff  (of  33^  per  cent  on  prime  cost)  on  all  inven- 
tories of  imported  Goods  in  the  interior  Districts  to  commence 
with  the  inventories  at  the  close  of  Outfit  1839  and  that  the 
District  transfers  be  priced  accordingly ;  but  that  the  Sale 
Tariff  to  Servants  and  Settlers  be  continued  as  heretofore 
throughout  the  Country. 

With  further  reference  to  the  said  Paragraph,  it  is  Re- 
solved 

91.  That  Country, made  Articles  of  every  description  both 
at  the  Depot  and  Inland,  and  all  Articles  valued  on  the  inven- 


814  CANADIAN    ARCHIVES 

tory  of  the  Experimental  Farm  at  Red  River -Settlement  be 
hereafter  included  in  the  same  Acconnt  with  the  Country  Pro- 
duce, at  the  fixed  or  established  prices  of  the  Department  and 
form  a  transfer  between  the  Outfits. 

92.  That  half  the  wages  of  all  supernumerary  Servants 
excepting  Invalids  be  hereafter  charged  to  the  Depot  or  Dis- 
trict at  which  they  may  winter,  and  the  remaining  half  to  the 
Greneral  Expenses  of  the  Department. 

93.  That  Chief  Factors  Finlayson  and  Ross  and  Chief 
Trader  Todd  take  the  necessary  steps  for  carrying  into  effect 
the  Governor  &  Committee's  wishes  in  regard  to  the  improve- 
ment of  the  roads  on  the  Portages  and  Tracking  Ground 
between  York  and  Norway  House. 

In  consequence  of  the  great  depreciation  in  the  prices  of 
Lynx  and  Musquash,  it  is  Resolved 

94.  That  not  more  than  half  the  quantities  shipped  from 
York  and  Moose  last  year  be  sent  to  England  this  season. 

95.  That  this  Council  do  now  adjourn. 

(Sgd)     DUNCAN  FINLAYSON,  C.F., 

President. 
JOHN  CHARLES,  C.F., 
JOHN  ROWAND,  C.F., 
RODK.  McKENZIE,  C.F., 
DOND.  ROSS,  C.F., 
ALEXR  FISHER,  C.  Trader. 
WILLIAM  TODD, 
DONALD  MANSON,     " 

Scheme  of  a  Benefit  Fund. 

At  the  suggestion  of  the  Governor  andi  Committee,  the 
President  and  Council  of  the  Northern  Department  propose 
the  following  draft  of  a  scheme  for  establishing  a  Benefit 
Fund. 

1st.  That  a  permanent  Benefit  Fund  be  established,  in  aid 
of  disabled,  aged  and  retired  Servants  of  the  Honble  Hudsons 
Bay  Company  below  the  rank  of  Clerks  whose  means  may  be 
inadequate  for  their  support. 

2nd.   That  each  Chief  Factor  contribute  annuallv.     40/- 

"  Chief  Trader .' .      20/- 

"  Clerk   of  £100    &  upwards ....        5/- 

Clerk  under  £100 2/6 

"  App  Clks  &  Postmasters 2/- 

"  Labourer  or  Mechanic  of  £20  & 

upwards 1/G 

'^  Labourer  or  "Mechanic  under  £20.      1/- 


PIONEER    LEGISLATION  815 

3rd  That  all  Mulcts  and  fines  imposed  on  individuals  in 
the  Service  for  misconduct  or  otherwise  shall  be  placed  to  the 
Credit  of  this  Fund. 

4th,  That  the  Accountant  of  eiach  Department  be  directed 
to  make  up  as  early  as  convenient  correct  Lists  of  the  total 
number  of  each  class  of  Contributors  within  their  respective 
Departments  below  the  rank  of  Postmaster  in  the  Land  Ser- 
vice &  Mates  in  the  Marine,  copies  of  which  to  be  forwarded 
by  the  first  opportunity  to  the  Governor  &  Committee  in 
England,  and  the  Governor  &;  Council  in  this  Country. 

We  find  that  the  want  of  necessary  information  will  not 
enable  us  to  propose  at  present  the  requisite  conditions  which 
may  entitle  candidates  to  be  pLaced  as  pensioners  on  this  Fund, 
nor  will  the  uncertainty  as  to  the  probable  number  of  appli- 
cants, and  the  amount  of  its  proceeds  permit  us  to  propose  wdth 
desirable  accuracy  any  stated  amount  for  such  Pension.  We 
are  therefore  of  opinion  that  the  final  arrangement  of  this 
scheme  should  be  settled  by  the  Governor  &  Committee,  or 
under  their  Honors'  directions,  by  the  Governor  &  Council  in 
this  Country  next  season. 

(Sgd.)     DUNCAN  rmLAYSON,  C.F.,    , 

President. 
Norway  House, 

24th  June',  1840. 

Minutes  of  Council,   ISJ^l. 

Minutes  of  a  Council  held  at  Ked  Eiver  Settlement,  North- 
ern Department  of  Ruperts  Land,  which  commenced  on  the 
Fourteenth  day  of  June,  One  Thousand  Eight  Hundred  and 
Forty  one,  for  the  purpose  of  establishing  such  Eules  and 
Regulations  as  may  be  considered  expedient  for  conducting  the 
business  of  the  said  Department,  and  in  order  to  investigate 
the  result  of  the  trade  of  last  year,  conformably  to  the  pro- 
visions of  a  Deed  Poll  under  the  seal  of  the  Governor  and 
Company  of  Adventurers  of  England  trading  into  Hudsons 
Bay,  bearing  date,  the  sixth  day  of  June,  One  Thousand  Eight 
Hundred  and  Thirty  four,  at  which  were  present  the  following 
members  Viz. 

Sir  George  Simpson,  Govr.  in  chief. 

John  Rowandj  Chief  Factor. 

Allan  McDonell  Do 

Duncan  Finlayson       Do 

Donald  Ross  Do 


816 


CANADIAN    ARCHIVES 


William  Todd,  Chief  Trader. 

Nicol  Finlayson  Do 

George  Gladman  Do 

Eesolved  1.  That  the  rotations  of  Furlough  for  the  Current 
Outfit  1841  are  in  favor  of  Chief  Factors  James  Keith,  Joseph 
Beioley  and  Alexander  Christie  with  Chief  Traders  Thomas 
Frazer  and  George  Gladman.  That  Chief  Factor  Joseph 
Beioley  and  Chief  Traders  Thomas  Frazer  and  George  Glad- 
man avail  themselves  thereof;  and  that  the  rotations  of  Chief 
Factors  James  Keith  and  Alexander  Christie  be  transferred  to 
Chief  Factors  Wm.  Connolly  and  Allan  McDonell. 

2.  That  leave  of  absence  for  the  Current  Outfit 
be  afforded  to  Chief  Factor  John  Charles  and  Peter  W.  Dease 
with  Chief  Traders  Thomas  McMurray,  John  McLeod,  Jnr., 
and  Alexander  Simpson. 

3.  That  the  rotations  of  Furlough  for  the  ensuing  year 
Outfit  1842  be  considered  in  favor  of  C.  Factors  John  Rowand, 
J.  Lee  Lewes  and  Rodk.  McKenzie,  with  Chief  Traders  W.  H. 
MclSTeil  and  P.  C.  Pambrun. 

In  order  to  prevent  any  difficulty  or  misunderstanding 
hereafter  in  regard  to  rotation  of  Furlough,  it  is  Resolved 

4.  That  no  Commissioned  Gentleman  shall  be  entitled  to 
Furlough,  until  the  expiration  of  7  vears  after  his  last  Fur- 
lough or  leave  of  absence. 

5.  That  the  following  appointments  take  place,  viz. : 


Districts. 

Athabasca. 
McKenzies  River. 

English  River. 
Saskatchewan. 
Swan  River. 
Red  River. 
Lac  La  Pluie. 
^Norway  House. 
York   Factory. 
Columbia. 


Chief  Factors. 

J.  Lee  Lewes. 

R.  McKenzie. 
John  Rowand. 

Duncan  Finlayson. 

Donald  Ross. 

John  McLoughlin. 
James  Douglas. 


ISTew    Caledonia.         P.  S.  Ogden. 


Chief  Traders. 

Colin  Campbell. 
Alexr.  Fisher. 
John  Bell. 

J.  E.  Harriott.     " 
Wm.  Todd. 

Nicol   Finlayson. 

James  Hargrave. 
Archd.  McDonald. 
John  Work. 
Richard   Grant. 
Dond.  Manson. 
W.  H.  McN^eill. 
P.  C.  Pambrun. 
John  Tod. 


PIONEER    I.EGISLATION  81' 


6.   Winter  Arrauo'ements 


o^ 


lion  inel. 

,    Iiiter[) 

do 

do 

do 

do 

do 

d(^ 

A.thabasca — Fort  Chippewyan,  C  .Campbell,  C.F. 

Wm.  McMurray,  App.  P,j\r. 
Dunvegan,  F.  Butcher, 

Vermilion,  AVm.  Shaw,  P.M. 

Gt.  Slave  Lake,       G.  Deschambeanlt,  Clk. 

7.  That  4  Boats  and  29  men  including  the  Guide  and  250 
pieces  Goods  constitute  the  Current  Outfit  for  this  District. 

8.  That  C.  T.  Campbell  accompany  his  Brigade  to  ISTorway 
House  Summer  1842  for  the  purpose  of  attending  to  the  busi- 
ness of  the  District,  and  that  the  Clerks  and  Po-tmasters  remain 
inland  and  be  appointed  as  he  may  consider  expedient. 

0.   Summer  Arrangements — 

Athabasca^Fort  Chi])))e\vyan,  .'> 

Dunvegan  :> 

Vermilion  2 

Gt.  Slave  Lake         2 

10.  That  C.  T.  Ilargrave  take  the  noc'fs-;arv  stops  to  pre- 
pare and  forward  to  Xorway  ] louse  about  220  pieces  Goods 
for  Athabasca  Outfit  1842  by  Indians  or  Bod  Biver  Carriers. 

11.  That  (\  T.  Campbell  and  C.  F.  Ogden  concert  measures 
for  conveying  to  Kew  Caledonia  the  necessary  quantity  of 
dressed  Leather,  Parchment,  <Src.,  for  the  use  of  the  latter  Dis- 
trict :  and  that  a  Boat  be  furnished  by  Athabasca  for  the  trans- 
port of  the  Leather  to  Rocky  Mountain  Portage. 

Serious  loss  and  inconvenience  having  arisen  from  tin; 
employment  of  Indians  on  Portage  la  Loche;  and  the' absent- 
ing himself  from  his  Brigade  of  the  Gentleman  in  charge, 
contrary  to  repeated  Bosolutions  on  that  subject,  it  is  Besolved 

12.  That  any  expense  or  loss  hereafter  inciirred 
through  such  irregularities  shall  be  charged  to  the  private 
account  of  the  Gentleman  conducting  the  Brigade  with  a  fine 
not  exceeding  Ten  Pounds  for  such  contumacy. 

1?>.   AYinter   Arrangements — 
Mclvonzios  Bivor — Ft.  Simpson,  J.  L.  Lowes,  (\F. 

P.   C.  Pambrun,  App.  P.M. 
Biv'reauLiard,  Chas.    Brisbois,    Clk. 
Ft.  Good  Hope,  A.  Fisher,  C.T. 
Fort  Halkett,    A.  Isbister,  App.  P.M. 
Fort  N"orman,  A.  McBeath,  P.M. 
Peels  River,     John  Bell,  C.F. 

H.  ]\[cKenzie,  App.  T.^l. 
28150— .52 


818  CANADIAN    ARCHIVES 

Frances  Lake  &  Exteii- 

tension  of  trade — R.  Gampbell,  Clk. 

A.  Christie,  App.  Clk. 

14.  That  300  pieces  Goods  in  5  Boats  manned  by  -io  men 
including  the  Guide,  24  of  whom  are  Red  River  Men  hired  for 
the  trip,  and  19  men  under  Contracts  as  regular  Servants  who 
are  intended  for  the  District  constitute  the  Current  Outfit. 

15.  That  C.  F.  Lewes  take  the  necessary  steps  to  establish 
a  Post  at,  or  in  the  neighbourhood  of  Frances  Lake,  supposed 
to  be  the  head  waters  of  Colvile  River  falling  into  the  Arctic 
Sea ;  should  the  discoveries  made  in  that  direction  render  such 
a  measure  advisable. 

16.  Summer  Arrangements — 

McKenzi^s  River — Ft.  Simpson,  2  men  inch  Intr. 

Riv're  au  Liard,  2         do         do 

Fort  Good  Hope,  2         do.        do 

Fort   Halkett,  2         do         do 

Fort  Xorman,  1  do  do 

Peels  River,  8,  Summer  &  Winter. 
Frances  Lake,  5  do  do 

17.  That  C.  F.  Lewes  accompany  his  Brigade  to  Portage 
la  Loche  Summer  1842;  and  that  the  Commissioned  Gentle- 
men, Clerks  and  Postmasters  remain  inland  and  be  appointed 
as  he  ma}''  consider  expedient. 

18.  That  Charles  Brisbois,  Clerk,  be  permitted  to  retire 
from  the  service,  and  accompany  the  Portage  Brigade  to  Nor- 
way House,  Summer  1842  for  the  pui-pose  of  embarking  in  the 
last  Canoe  of  the  Season  for  Canada. 

19.  That  C.  T.  Hargrave  take  the  necessary  steps  to  pre- 
pare and  forward  iii  course  of  the  present  Summer,  about  250 
pieces  Goods  to  Norway  House  for  Outfit  1842 ;  the  same  to  be 
transported  thence  to  Portage  la  Loche  in  4  Boats  to  start  on 
or  before  the  15th  June  1842  manned  by  a  Guide  and  28  men, 
of  whom  23  including  the  Guide  are  to  be  engaged  for  the  trip 
at  Red  River;  and  G  Servants  under  engagements  for  not  less 
than  3  years  to  replace  any  that  may  retire  from  the  District. 

20.  Winter  Arrangements — 

English  River — Isle  a  la  Crosse,  R.  McKenzie,  C.F. 
Rapid  River,  An  Interpreter. 
Green  Lake,  J.  Hodgson,  P.M. 
Deers  Lake,  An  Interpreter. 


PIONEER    LEGISLATION  819 

21.  That  150  pieces  Goods  in  3  Boats  manned  by  16  men 
including  the  Guide  and  Indians  hired  for  the  Trip  from 
English  Kiver  constitute  the  Current  Outfit  for  this  District. 

22.  Summer  Arrangements — 

English  River — Isle  a  la  Crosse,  T.  Hodgson,  P.M.,  &  2  men. 
Rapid  River,  1  man. 

23.  That  the  usual  quantity  of  dried  provisions  be  provided 
and  forthcoming  for  the  use  of  the  outward  and  inward  bound 
Crafts  Spring  and  Summer  1842. 

24.  Winter  Arrangements — 

Saskatchewan — Edmonton,  ,T.  Rowand,  C.F. 

.A.  E.  Petty,  App.  Clk. 
Carlton,  Patk.  Small,  Clk. 

R.  Mountn.  Ho.,      J.  E.  Harriott,  C.T. 

Ptk.  McKen^ie,  App,  P.M. 
Ft.  Assineboine,        John  Rowand,  Clk. 
Lesser  Slave  Lake,    G.  McDougall,  Clk. 
Fort  Pitt,  Henry  Fisher,  Clk. 

Jasper  House,  Colin  Frazer,  P.M. 

Cumberland,  A.  McPherson,  Clk. 

Moose  Lake,  An  Interpreter. 

25.  That  about  550  pieces  Goods  in  10  Boats  manned  by 
46  Servants  belonging  to  the  District  constitute  the  Current 
Outfit ;  and  that  the  Crews  be  made  up  by  ingoing  Servants  be- 
longing to  the  Districts  of  Columbia  and  New  Caledonia. 

26.  That  the  following  Provisions  and  other  Country  Pro- 
duce be  provided  by  this  District  and  brought  to  ISTorway  House 
next  season. 

12  new  Boats. 
100  Bales  dried  meat. 
400  Bags  Com.  Pemican  90  lb.  ea. 

70  Bags  fine  Pemican  45  lb.  ea. 
100  pairs  tracking  Shoes. 

27  Leather  Tents. 
500  Buffalo  Tongues. 

27.  That  120  Bags  Pemican  and  the  usual  quantity  of 
Country  Produce  be  deposited  at  Cumberland  House  next  sea- 
son for  the  use  of  the  Brigades  passing. 

■  28.  That  a  Boat  and  2  men  be  left  at  York  Factory  for  the 
purpose  of  conveying  12  of  the  Servants  coming  from  Europe 
by  the  Ship,  inland,  where,  it  is  understood  they  are  to  pass  the 
28159—521 


820  CANADIAN    AKCiriVES 

Winter;  and  that  these  12  men  be  bronght  to  the  Depot  next 
Summer  for  general  distribution. 

29.  Summer  Arrangements — 
Saskatchewan— Edmonton,  J.  E.  Harriott,  C.T. 

John  Rowand,  Clk    &  12  men. 
Carlton,  Patrick  Small,  Clk.  7  men. 

Ft.  Assineboine,  An  Interpr.  k  1  man. 
Lesser  Slave  Lake,  G.  McDougall,  Clk.&2  men. 
Fort  Pitt,  H.  Fisher,  Clk.  &  4  men. 

Jasper  House,       C.  Eraser,  P.M.  &  1  man. 
Cumberland,  A.  McPherson,  CM.  &  2  men 

30.  Winter  Arrangements — 

Swan  Eiver— Fort  Pellj,  Wm.  Todd  C.T. 

Fort  Ellice,  J.  R.  McKay,  P.M. 
Manitobah,  An  Interpreter, 
Shoal  River,  An  Interpreter, 

31.  That  about  200  pieces  Goods,  3  P>oats  and  15  voyaging 
Servants  constitute  the  Outfit  for  this  District;  one  hundred 
pieces  of  these  Goods  for  Fort  Pelly,  Manitobah  and  Shoal 
River ;  and  the  remainder  to  be  forwarded  partly  on  freight  to 
Red  River  Settlement  for  the  trade  of  Fort  Ellice;  the  crews 
10  be  made  up  to  6  men  each  by  Trippers  hired  for  the  voyage. 

32.  That  C.  T.  Todd  take  to  Norway  House  next  Spring 
300  lb.  Gum,  30  Bushels  Salt  and  20  good  Leather  Tents  for 
distribution ;  and  that  he  take  the  necessary  steps  to  provide 
300  Bushels  Salt  for  the  use  of  Red  River  Settlement ;  deliver- 
able at  the  north  end  of  Manitobah  Portage ;  the  price  not  to 
exceed  8/  per  Bushel, 

33.  Summer  Arrangements — 

Swan  River — Fort  Pelly,  3  men  inch  Interpr. 

Fort  Ellice,  J.  R,  McKay  P,M,  &  7  men. 
Manitobah,  An  Interpreter, 
Shoal  River,  A  Labourer. 

34.  Winter  Arrangements — 

Red  River— Fort  Garry,  D.  Finlayson,  C.F. 

Hector  McKenzie,   Clk. 
Richard  Lane,  x\pp.  Clk. 
R.  Ballantyne,  App.  Clk. 
Lower  Fort,  John  Black,  Clk. 
Recorder  of  Rupert's  Lnufl.  Ad^'m  Thorn. 


PIONEER    LEGISLATIOX  821 

Warden  of  the  Plaius,  Cuthbert  Grant. 
Surveyor,  George  Taylor. 

35.  That  the  following  supplies  be  provided  at  the  Colony 
for  exportation  to  Xorway  House  Summer  1842  made  up  in 
sound  and  transportable  packages  and  purchased  at  the  usual 
price,  viz. : 

30  Bushels  rough  Barley. 

12  Cwt.  good  cured  Beef.       • 
30  Cwt.  Biscuit. 

30  Oak  Boards  13  ft.  long  7  x  1^  in. 

6  Oak  Boards  15  ft.  long  8  x  li  in. 

55  Firkins  Butter  56  lb.  ea. 

10  half  Firkins  butter  28  lb.  ea. 

6  Maccarons  Butter. 

SO  lb.  Cheese. 

13  Kegs  Eggs. 
GOOO  Cwt.  best  Flour. 

70  well  cured  Hams. 
50  Bales  dried  Meat. 
400  Bags  Com.  Pemican. 
46  Cwt.  salted  Pork. 
3  Bushels  Onions. 
200  Portage  Straps. 
3  Kegs  salted  Suet. 
12   Assortments  Garden  Seeds. 

36.  That  a  Guide  and  22  men  be  engaged  for  the  j\Ic- 
Kenzies  River  Transport  and  the  Fall  freight  from  York 
Factory  to  Red  River  at  £25  to  the  Guide,  £16  to  the  Steers- 
man, £14  to  the  Bowsman  and  £12  to  the  Middleman. 

37.  That  the  price  of  Dollars  in  Red  River  during  the 
Current  Outfit  be  at  the  rate  of  4/9  per  ounce,  or  4/1  Sterling 
per  Dollar,  and  English  Coins  at  the  standard  value. 

38.  That  the  Lake  Winnipeg  Vessels  be  laid  up  at  ISTorway 
House  for  the  Winter  for  the  purpose  of  undergoing  a  thorough 
repair. 

39.  That  C.  F.  Finlayson  be  authorized  to  renew 
llie  Contracts  wath  Red  River  Carriers  for  the  transport  of  the 
Outfit  from  York  Factory  to  the  Settlement  f i;r  a  period  of  three 
ye^irs  at  a  freight  per  piece  not  exceeding  the  terms  of  the  last 
Contract. 


^22  CANADIAN    ARCHIVES 

40.  Winter  Arrangements — 

Lac  la  Pluie — Fort  Frances,  N.  Finlayson,  C.  T. 

Fort  Alexander,        Wm.  Sinclair,  Clk. 
Rat  Portage,  D.  McKenzie,  Clk. 

Lac  dn  Bois  Blanc,  Jas.  Isbister,  P.M. 

41.  That  about  260  pieces  Goods  with  a  complement  of  12 
voyaging  Servants  constitute  the  Current  Outfit;  140  of  these 
to  be  taken  from  York  to  ISTorwaj  House  in  2  Boats  manned 
by  12  voyaging  Servants,  the  remaining  120  pieces  to  be  trans- 
ported from  York  to  Norway  House  on  freight,  and  from 
Norway  House  the  whole  to  be  transported  in  4  Boats  manned 
by  3  men  each  with  the  assistance  of  Indians. 

42.  That  the  sum  of  £300  be  paid  by  draft  on  the  Gover- 
nor &  Committee  to  Ramsay  Crook,  Esquire,  in  consideration 
of  the  opposition  having  been  withdrawn  from  the  frontiers 
of  Lake  Superior,  Lac  La  Pluie  and  Red  River  Districts  con- 
formably to  the  terms  of  an  arrangement  entered  into  between 
the  Hudsons  Bay  and  American  Fur  Companies ;  the  said 
amount  to  be  charged  to  Lac  La  Pluie  Outfit  1840. 

As  it  is  found  that  the  Indians  of  this  District  will  not 
furnish  the  requisite  quantity  of  Rice  for  the  use  of  the  Posts 
unless  they  be  indulged  with  a  small  quantity  of  spirituous 
Liquor;  and  as  the  want  of  such  supplies  would  necessarily 
be  productive  of  the  most  serious  privation,  it  is  Resolved 

43.  That  in  order  to  avert  such  privation,  a  quan- 
tity of  Liquor  not  exceeding  8  Kegs  be  furnished  Lac  La  Pluie 
District  for  the  Current  Outfit  to  be  given  as  gratuities  to  the 
Indians  of  Fort  Frances,  Rat  Portage  and  Lac  du  Bois  Blana 

44.  Summer  Arrangements — 

Lac  la  Pluie—  Fort  Frances,      3  men   inch   Interpr. 

Fort  Alexander,  2  men  inch  Interpr. 
Rat   Portage,       2      "  " 

45.  That  Mr.  William  Sinclair  proceed  to  York  Factory 
by  the  first  conveyance  in  Spring  for  the  purpose  of  attending 
the  sale  shops;  and  that  C.  T.  Finlayson  make  the  necessary 
arrangements  of  the  Clerk  &  Postmaster  remaining  Inland. 

46.  Winter  Arrangements — 

Norway  House — Norway  House,   Donald  Ross,   C.F. 

John  Finlayson,    App    Clk 
and  7  men. 
Percns  River,  R.  Cummings,  P.]\r.  &  2  men. 
Nelson  River,  J.  Isbister,  P.M.  &  2  men. 


PIOXEEK    l>EGISLAT10iS  82 Ji 

47.  Tliat  2  voyag-ing  Servants  Ijclonging-  to  this  District 
assisted  by  30  Indians,  to  be  engaged  for  that  purpose  be 
employed  to  make  one  trip  between  IS'orway  House  and  York- 
factory  with  4  Boats  carrying  80  pieces  each  per  trip  upwards 
or  320  pieces  in  all;  120  pieces  of  which  to  form  the  District 
Outfit  and  the  remaining  200  pieces  Goods  on  freight. 

48.  That  with  the  exception"  of  Red  Kiver  and  other 
Country  produce,  no  supplies  of  any  description  be  given  or  sold 
to  servants  or  Districts  at  Korway  House. 

40.  That  the  0  new  hands  inteiMled  for  McKenzie  river 
1842  be  stationed  at  ll^orway  House  during  the  Winter  to- 
gether with  any  supernumeraries  that  can  bo  supplied  from 
^'ork  in  the  fall. 

50.   Summer  Arrangements — 
Xorway  House — Xorway  House,  Donald  Ross,  C.F. 

eT.    Finlayson,   App   Clk   and 
7  men. 
Berens  River,  R.  Cummings,  P.^F.  &  1  man. 
Nelson  River,  J.  Isbister,  P.M.  &  1  man. 
51.  Winter   Arrangements — 
York  Factory — A^ork  Factory,  James   Hargrave,   C.T. 

Wm.  McTavish,  Acct. 
W.  D.  Gillespie,  Surgn. 
G.  Hamilton,  App.  Clk. 
R.  Wilson,  P.M. 
A    Sloopma^ter. 
Churchill,  R.  Harding,  Clk. 

Severn,  An  Interpreter. 

Oxford  House,  R.  Clouston,  App.  Clk. 
Island  Lake,      Wm.  McKay,  P.M. 

52.  That  notwithstanding  the  appointment  of  Mr.  Clous- 
ton  to  Oxford  House,  it  is  understood  that  he  shall  be  at  York 
during  the  summer  for  the  purpose  of  attending  to  the  Fur 
Store. 

53.  That  30  men  including  Mechanics  and  the  crew  of 
the  Frances  Schooner  constitute  the  Winter  &  Summer  Estab- 
lishment at  Y.  Factory. 

54.  That  6  men  constitute  the  Winter  and  Summer  Estab- 
lishment of  Churchill  with  an  Outfit  amounting  to  about  90 
pieces  Goods  and  Provisions  to  be  transported  from  York 
during  the  Summer  by  the  Frances  Schooner. 

55.  That  60  pieces  Goods  and  Provisions  with  3  Servants 
constitute  the  Current  Outfit  for  Severn;  and  that  John  Cro- 


824  CAXADIAX    ARCHIVES 

maitie.  Interpreter,  and  one  of  the  Servants  remain  at  the 
Post  during  the  Summer,  and  the  other  two^  proceed  to  York 
early  in  June  for  the  purpose  of  being  emploved  there  during 
the  summer. 

56.  That  Mr.  Clouston  be  directed  to  employ  4  Boats 
manned  by  32  Indians  and  a  Guide  in  performing  a  double 
trip  between  the  Depot  and  I^orway  House,  in  the  transport 
of  Goods  &  Returns ;  the  lading  of  each  Boat  upwards  to  be 
80  and  downwards  TO  piece-;;  .")  of  which  to  be  left  at  Oxford, 
and  the  remaining  65  pieces  per  Boat  to  be  deliverable  at  York 
Factory. 

57.  That  75  ])ieces  Goods  transported  in  a  Boat  manned 
by  6  Servants  and  an  Indian  constitute  the  Current  Outfit  for 
Oxford  &  Island  Lake. 

58.  Summer  Arrangements — 

Island  Lake— Oxford  House,  Wm.  ]\[cTvay,  P.^F.  &:  1  man. 
Island  Lake,  One  man. 

59.  Columbia  Arrangements — 
Fort  Vancouver,   J.  McLoughlin,  C.F. 

James  Douglas,   C.F. 

D.  McTavish,  Clk. 

G.  T.  Allan,  Clk. 

G.  B  .Roberts,  P.M. 

F.  Barclay,  Surgeon. 

D.  McLoughlin,  Ap]).   Clk. 

C.  Cameron,  P.M. 
Fort  George,  J.  Birnie,  Clk. 
Nasqually,  Wm.  Mclvintosh,  Clk. 
Port  Langley,  J.  ]\I.  Yale. 
Fort  Simpson,  John  Work,  C.F. 

Angus  ]\rcDonald,  App.   Clk. 
Fort  ]\fcLoughlin,  Charles  Ros^,  Clk. 
Umpqua,  J.  B'tc  Gagnon,  Intr. 
Bonaventura  Ex]iedn-  D.  ^lau-;on,-C.T. 
Snake  Expedition      ^  F.  Ermatinger,  Clk. 

&  j^  F.  Payette,^  P.M. 

Fort  Hall,  J  Angus  McDonald,  Intr. 

Fort  Colvile,  Arch.  McDonald,  Tritr. 
Flat  Heads,  D.  McLean,  Clk. 
Contanais,  J.  McPherson,  P.M. 
Thompsons  River,  Arclid.  McKinley,  Clk. 
Okanagan,  An  Interpreter. 
Xez  Percez,  P.  C.  Pambrun.  C.T. 


PIO>EEK    LEGISLATION  825 

Stikiiie,  Alexr.   Anderson,  Clk. 

K.  Finlayson,     App.     Clk. 
Tacou,  John  Kennedy,  Clk.  <5c  Surgeon. 

J.  O'Brien,  Clk. 
Disposable,  Kicliard  Grant,   C.T, 

J.  ]\IeLoui>hlin,  Jnr.   Clk. 
Charles  Forrest,  P.M'. 
Wm.  Wood,  App.  Clk. 
App.  Clk.  per  Ship. 
P.   Og-den,  Clerk. 
A.  Lee  Lewes,  Clerk. 
Beaver  Steamer,  W.  H.  Mcmil,  C.T. 
J.  Carless,  Engineer. 
AVni.  Heath,  1st  mate. 
C.  jS'ewell,  2nd  mate. 
Ship  CoUnnhia,  C.  Humphreys,  Master. 
A.  Lattey,,  1st  mate. 
Gr.  Barton,  2nd  mate. 
Cadboro — J.   Scarborough,  Master. 
Wm.  Mitchell,  1st  Mate. 
Cowclitz — Wm.  Brotchie,  ^Lister. 
Xew  Caledonia — Stuarts  Lake,  P.  S.  Ogden,  C.F. 

II.  Maxwell,  Clerk. 
Frazers  J^ake,  Wm.  McBean,  Clerk. 
^[cLeods  Lake,  Paul  Frazer. 
Alexandria,  John  Tod,  C.F. 
Chilcotin,  W.  F.  Lane,  Clk. 
Conollys  Lake.  J.  ]\rcIvintosh,  Clk. 
Fort  George,  Wm.  Porteous,  App.  Clk. 
Babines,  Wm.  Thew,  Clk. 
Sandwich  Islands — Geo.  Pelly,  Agent. 
AY.  G.  Rae,  Clk. 

60.  That  C.  T.  Grant,  C.  T.  Manson  and  Clerks  Allan  and 
Ogden  Avith  50  Servants  be  forwarded  to  the  Columbia  Dis- 
trict, and  accompany  the  Saskatchewan  Brigade  under  the 
charge  of  C.  T.  Harriott  from  the  Depot  to  Edmonton,  from 
thence  proceed  under  the  charge  of  C.  T.  Manson  to  Vancouver 
imless  he  may  receive  further  instructions  from  C.  F.  Mc- 
Loughlin  en  route;  by  which  he  will  regulate  his  movements. 

From  the  want  of  judgment  and  foolhardiness  of  many 
of  our  Guides  in  running  Rapids  which  has  already  been  pro- 
ductive of  such  melancholv  results,  in  the  loss  of  l>oth  lives  & 
property  particularly  jn  the  Columbia,  it  is  Resolved 


82t)  canadiajS"  archives 

61.  That  no  Guide  or  Steersman  be  hereafter  permitted  to 
run  any  rapid  or  Fall  where  the  least  danger  is  to  be  appre- 
hended ;  and  that  any  contravention  or  evasion  of  this  Reso- 
lution be  visited  with  the  most  severe  punishment  which  the 
Governor  and  Council  can  legally  inflict ;  and  that  no  Gentle- 
men in  charge  of  Brigades  be  allowed  to  absent  themselves 
from  such  charge  until  they  reach  their  destination. 

62.  That  all  Gentlemen  in  charge  of  Districts,  Posts  and 
Brigades  be  directed  to  give  publicity  to  the  foregoing  Beso- 
lution. 

63.  That  C.  F.  Ross  be  directed  to  take  the  necessary  steps 
to  provide  and  forward  3000  prime  Otters  by  the  Columbia 
Brigade  this  season  for  the  meeting  of  our  Contract  with  the 
Russian  American  Coy.,  and  that  C.  T.  Harriott  and  C.  T.  Man- 
son  be  particularly  enjoined  to  take  the  most  watchful  care  of 
those  Skins  from  soil  or  damage  of  any  kind  during  the  voy- 
age. 

In  order  to  ensure  the  due  fulfilment  of  our  Contract  with 
the  Russian  American  Company,  it  is  Resolved 

64.  That  C.  F.  Ross  be  authorized  to  order  from  the  Posts 
in  the  Albany  District  800  prime  Otters  annually,  to  be  brought 
to  Fort  Alexander  by  men  or  Indians  attached  to  these  Posts, 
sufficiently  early  each  Spring  to  be  brought  to  ISTorway  House 
by  the  outcoming  Lac  la  Pluie  Brigade. 

65.  That  C.  F.  Hargrave  take  measures  to  get  conveyed  to 
Y.  Factory  next  Spring  all  the  prime  Otters  procured  at  Severn 
during  the  Current  Outfit  for  the  purpose  of  being  sent  to  the 
Columbia  by  the  Saskatchewan  Brigade. 

6Q.  That  an  allowance  of  £100  with  the  usual  supplies  of 
Tea,  Sugar  kc,  be  made  to  the  Catholic  Mission  of  Red  River 
Settlement  for  the  current  Outfit, 

67.  That  an  allowance  of  £100  be  made  to  Dr.  Bunn  for 
medical  attendance  on  the  Companys  Establishment  at  Red 
River,  the  retired  Servants  who  cannot  afford  to  pay  for  such 
and  other  ^jauper  Settlers  for  the  Current  Outfit. 

68.  That  an  allowance  of  £100  be  made  to  Mr.  John  Mc- 
Callum  in  aid  of  the  boarding  Schools  under  his  management 
for  the  Current  Outfit. 

69.  That  the  usual  contribution  of  £100  per  annum  towards 
maintaining  the  Police  Establishment  of  Red  River  be  con- 
tinued. 

70.  That  Wm.  ]\IcKay,  P.M.,  be  furnished  with  3  or  4 
Indians,   and  the  necessary  implements  for  the  improvement 


PIONEER    I.EGISI.ATIOX  »2  i 

during  the  Summer  of  the  Portages  and  River  communications 
between  Y.  Factory  and  i^Torway  House. 

71.  That  all  Furs  killed  by  Commissioned  Gentlemen, 
Clerks  and  Servants  and  their  families  be  considered  the  pro- 
perty of  the  Company,  and  be  paid  for  at  the  Indian  standard 
of  the  District;  and  that  no  Furs  of  any  description,  either 
made  up  or  not  made  up  shall  be  sent  or  taken  out  of  the 
Country  by  any  Individual  on  any  pretence  whatsoever  under 
a  penalty  of  Fifty  Pounds  Sterling.  That  Furs  purchased  on 
private  account  for  personal  or  family  use  in  the  Country  be 
charged  at  10  per  cent  on  the  last  nett  average  sale  prices. 

72.  That  throughout  the  Country,  except  at  Red  River, 
none  but  Spring  Rats  shall  hereafter  be  traded,  and  that  12 
such  Rats  be  considered  equal  to  a  Made  Beaver  at  all  the 
Posts  in  the  JSTorthern  and  Southern  Departments. 

73.  That  transfers  to  Districts  and  Posts  from  Fort  Garry 
shop  be  at  the  regular  sale  Tariff  to  Servants  &  Settlers. 

74.  That  all  unsaleable  Goods  remaining  on  hand  at  the 
Depots  of  York  and  Norway  House,  Red  River  Shop  and  In- 
land Districts  be  transferred  and  sold  at  fixed  prices  deter- 
mined on  by  the  Governor  &  Council  as  per  accompanying  list ; 
and  that  all  damaged  Goods  be  disposed  of  at  whatever  prices 
they  may  fetch. 

In  consequence  of  the  great  depreciation  in  <lie  price  of  Mus- 
quash, it  is  Resolved 

75.  That  only  half  the  Musquash  retained  at  York  last 
season  together  with  the  McKenzies  River  return?;  of  that 
Article  for  the  past  Outfit  be  shipped  for  Europe  this  fall. 

76.  That  the  usual  Winter  Packet  between  Moose  and 
York  factory  be  discontinued ;  and  that  the  papers  necessary  for 
settling  the  Accounts  between  the  ISTorthern  and  Southern  De- 
partments be  forwarded  from  York  for  the  purpose  of  being 
sent  on  by  the  Sault  St.  Marys  about  the  20th  January,  and 
from  Moose  in  sufficient  time  to  be  at  Michipicoton  on  the  1st 
February. 

77.  That  the  Gentlemen  in  charge  of  Lake  Superior  Depart- 
ment be  instructed  to  forward  a  Packet  from  the  Sault  St. 
Marys  to  Red  River  on  the  1st  February  with  all  Letters  and 
Papers  that  may  be  collected  at  the  Sault  or  elsewhere  within 
his  charge  previous  to  that  date,  and  that  no  other  Express  be 
forwarded  unless  rendered  necessary  by  very  important  cir- 
cumstances. That  a  Packet  for  England  be  sent  from  Red 
River  on  the  1st  J^oyember  via  St.  Peters,  if  anything  parti- 


828  OAXADIAX     AllCIIIVE.S 

cular  occurs ;  and  that  a  duplicate  Dispatch  together  with  any 
subsequent  information  that  may  be  considered  worthy  of  notice^ 
be  forwarded  l)y  Lac  La  Pluie  on  the  20th  January. 

78.  That  all  Gentlemen  superintending  Districts  be  re- 
quested to  give  directions  that  the  Beaver  and  Bear  Skins  pro- 
cured in  their  respective  Districts  be  w^ell  beaten  and  dusted 
previous  to  their  being  packed ;  to  instruct  the  Indians  and 
Hunters  to  remove  the  genitals  of  the  Male  Martens  and  to  see 
that  no  Beaver  or  prime  Bear  Skins  be  used  as  wrappers  or 
covers  for  Packs  in  future. 

70.  That  the  amount  of  Rc(|ui^itioii  from  Englaixl  for 
Shi])ment  1842  do  not  exceed  the  sum  of  £15000. 

80.  That  the  following  Servants  be  engaged  for  the  ISTorth- 
orn   I)e])artment  on  5  years'  Contracts,  viz.: 

From  Europe 

2   l]laeksmiths  @  from  £25  to  £30  per  anm. 
:]  P.oatbuilders  "       25   "     30 

4  Sloopers  "       20 

11  Labourers  "       16 

20 

From  Canada  on  5  years  Contracts 

10  Labourers  at  Prix  du  Poste 

From  Red  River  on  3  years  Contracts 
20  Labourers  at  Prix  du  Poste 

To  nrevent  a  recurrence  found  of  late  years  in  the  Depot 
Fur  Packing  Accounts,  it  is  Resolved 

81.  That  a  Commissioned  Gentleman  or  Clerk  of  correct 
habits  of  business  be  intrusted  with  the  management  of  that 
1u-anch  of  the  Depot  duties  hereafter,  who  will  check  the  ac- 
counts of  his  subordinates  by  passing  every  Skin  through  his 
own  hands,  and  that  W.  F.  Tolmie  be  appointed  to  that  duty 
this  Summer  at  York  Factory, 

82.  That  half  the  wages  of  all  supernumerary  Servants, 
except  Invalids,  be  hereafter  charged  to  the  Depot  or  District 
where  they  may  Winter;  and  the  remaining  half  to  the  general 
Fxpenses  of  the  Department. 

83.  That  Chief  Factors  Fiiilayson  and  Ross  and  Chief 
Trader  ITargrave  take  the  necessary  steps  for  carrying  into 
effect,  the  Governor  and  Committee's  Avishes  in  regard  to  the 


riOJsEEJl    I.EGISI.ATIO.V  8^0 

improvement    of   the   roads   on    the   Portages     and     Tracking 
Gronnds  between  York  and  Norway  House. 

84.  That  the  different  Districts  he  supplied  at  York  for 
the  Current  Outfit  agreeably  to  a  scheme  of  distribution  ap- 
proved by  the  Govr.  and  Council,  and  forwarded  to  the  Depot ; 
except  such  Articles  as  may  be  required  for  the  rejiairs  of  the 
Lake  Winnipeg  Vessels  at  I^orway  House. 

85.  That  a  permanent  Eeuciit  Fund  be  established  in  aid 
of  disabled,  aged  and  retired  Servants  of  the  Honble.  Hudson 
Bay  Company,  whose  means  may  be  inadequate  for  their  sup- 
port ;  and  that  the  following  scale  of  contributions  be  adopted 
throughout  the  Service  to  commence  on  the  1st  June  1841, 
find  to  be  continued  annually,  viz. : 

On  all  salaries  of  £20  and  under 4/ 

Between  £20  and  £30 5/ 

30    ^-      40 G/ 

40    ^^      50 7/ 

50    "      60 8/ 

60    "      70 9/ 

70    "      80 10/ 

80    "      90 .    ..11/ 

90    "    100 12/ 

and  so  on  progressively:  1/  for  every  £10  of  advanced  salary. 

In  order  to  remove  any  misapprehension  that  may  exist 
as  to  the  footing  on  which  the  Gentlemen  connected  with  the 
Wesleyan  Missionary  Society  are  intended  to  be  placed  at  the 
Company's  Establishments,  it  is  Resolved 

80.  That  Board  and  Lodging  be  afforded  to  the  different 
Missionaries  at  the  Establishments  at  which  they  are  stationed 
in  like  manner  as  is  provided  for  Commissioned  Gentlemen 
ir  the  Honble.  Company's  Service.  If  single,  to  eat  at  the 
public  mess  table  wdiere  the  Gentleman  in  charge  of  the 
Establishment  presides,  or  if  a  family  man,  to  live  apart  in  a 
House  to  be  provided  specially  for  the  accommodation  of  the 
Missionary  and  his  family;  each  Missionary  to  be  provided 
with  the  like  allowances  as  are  given  to  Commissioned 
Gentlemen  in  th?  Service ;  payin,^*  for  such  articles  as  he  may 
require  from  the  shops  or  Stores  as  are  usually  charged  to  the 
private  accounts  of  Commissioned  Gentlemen.  And  the  ser- 
vices of  the  Company's  Interpreters  to  be  available  to  the 
Missionary  in  communication  with  the  natives.  That  passages 
in  the  Company's  Craft  l)e  afforded  from  one  part  of  the 
Couutrv  to  anothfr.  and  mIiou  necessary  to  ]irovido  them  with 


830  CAXADIAX    ARCHIVES 

a  special  conveyance,  that  conveyance  to  be  a  half  sized  canoe 
manned  3  persons.  The  superintendent  only  to  be  provided 
with  the  means  of  conveyance  for  Winter  travelling. 

87.  That  a  place  of  public  worship  be  erected  at  the  Indian 
village  in  the  vicinity  of  Norway  House  for  the  Wesleyan 
Mission;  the  dimensions  of  which  to  be  40  feet  in  length  by 
30  feet  in  width  with  a  School  house  of  30  ft  by  24  and  a 
residence  for  Mr.  Jacobs  the  Schoolmaster;  and  that  accom- 
modations be  j)rovided  for  the  Rev.  Mr.  Evans  within  the 
Establishment  at  Norway  House. 

88.  That  a  Commissioned  Gentleman's  allowance  be  for- 
warded from  York  Factory  to  each  of  the  undermentioned 
Wesleyan  Missionaries,  viz. : 

Mr.  Evans  at  Norway  House. 
"     Jacobs  do 

"     Mason  at  Lac  La  Pluie. 
"     Rundle  at  Edmonton. 

89.  That  the  Engagements  of  the  undermentioned  Clerks 
and  Postmasters  be  renewed  for  the  term  and  at  the  salary 
affixed  to   their  names   respectively. 

3  years  from  the  1st  June,  1840 : — 

Robert   Campbell,  Clerk £     75 

George  Deschambeault  do      100 

Francis  Ermatinger        do      100 

Paul   Frazer                     do      100 

Wm.    McBean                  do     75 

Donald    McKenzie           do      100 

Archd.    McKinlay           do      100 

Charles  Ross          .  .        do      100 

John  Rowand,  Jnr.          do      75 

William  Sinclair             do      100 

Peter  Ogden                     do      50 

Charles  Forrest,  Postmaster 50 

James  Isbister              do        40 

John    Isbister               do          40 

G.  B.  Roberts             do          60 

William  Shaw              do          40 

3  years  from  Ist  June,  1841 : — 

'  G.    T.    Allan,  Clerk £100 

James   Bunce               do 100 

Francis    Butcher         do 100 

Henry    Fisher             do 100 


PIONEER    LEGISLATION  831 

John  Keiiiiedv,   Surgeon  &  Clk loO 

W.   F.   Lane  "                          do 100 

Hector    Mclvenzie                    do 100 

Andrew  McPherson                 do 135 

Diigald    Maetavisli                   do 100 

W.   G.   Rae                               do 100 

John    O'Brien                        .do 75 

Patrick  Small                           do 100 

James  M.  Yale                        do 100 

Colin   Frasei-j    Postmaster 40 

Wm.  McKay            do          50 

Pobert   Wilson         do        .  .    .  .  ■ 40 

3  years  from  1st  June,  1842 : — 

Alexander    Anderson,    Clerk £100 

Robert   Harding                 do 100 

George  McDongall            do .  100  per  an. 

John    ^[cKintosh                do 100 

Dngald  McLean                 do 75 

John  McLonghlin,  Jnr.   do 100 

John  Pinlayson                   do 75 

AVilliam  Portions               do 60 

Angus  McDonald              do 75 

William  Wood                    do    .......  .  60 

Robert  Gumming?,  Postmaster 50 

Thonias   Hodgson               do 40 

Adam   McBeath                 do 50 

J.  R.  McKay                     do 60 

From  1st  June,  1841:— 

P.  C.  Pambrun  Jnr.  App.  P.  ^\v.  5  years  (a  £20 

William  Todd  Jnr.          do              5          do  20 

John  Garrioch,  Intr.       do              3          do  .  30 

The  impoverishment  of  the  Country  in  the  article  of  Beaver 
is  increasing  to  such  an  alarming  extent  that  it  becomes  neces- 
sary to  take  eifectual  measures  for  providing  an  immediate 
remedy;  to  that  end  it  is  Resolved 

90.  That  the  Gentlemen  in  charge  of  Districts  and  Posts 
be  strictly  enjoined  to  discourage  the  Hunting  of  Beaver  by 
every  means  in  their  power ;  and  that  not  more  than  half  of  the 
number  collected  Outfit  1839  be  traded  during  the  Current  and 
tAvo  ensuing  Outfits  at  the  undermentioned  Districts  and  Posts, 
viz: 


832  cAAAoiAX   Ai;(iii\i:s 

NOirrilKItX    DKrAIJT.MKNT, 

Athabasca Fort  Chippewyaii. 

Dun  vegan. 

Vermilion. 

Great  Slave  Lake. 
McKenzies  liiver.  .  .  .Fort  Simpson. 

Fort  du  Liard. 

Fort  Good  Hope. 

Fort  jN^orman. 
Englisli  River Isle  a  la  Crosse. 

Green  Lake. 

Deers  Lake. 

Rapid  River. 
Saskatchewan Fort  Assineboine. 

Jaspers  House. 

Lesser  Slave  Lake. 

Cumberland. 

Moose  Lake. 

Swan  River Shoal  River. 

INorway  House jSTorway  House. 

I^elson  River. 
York  Factory York  Factory. 

Churchill. 

Severn. 

Oxford  House. 

Island  Lake. 

SOUTHKJtX    DEPARTMENT. 

Albany Albany  Factory. 

Martins  Falls. 

Osnalniro-. 

Lac  Seul. 

Moose Moose  Factory. 

Runert's  River Rupert's  House. 

JVvx  River. 

and  as  a  i'lirllicr  reuicdy  for  the  evil;  if  it  be  found  that  Gentle- 
men disregard  this  instruction  as  they  have  done  many  others 
issued  from  time  to  time  for  the  same  object,  it  is  Resolved 

91.  That  the  Governors  and  Committee  be  respect- 
fully advised  to  give  notice  of  retirement  from  the  Service  to 
such  Gentlemen  as  may  not  give  effect  to  the  spirit  and  letter 
of  the  Resolutions  now  passed  for  the  preservation  of  Beaver. 
Ill  order  to  cncourace  the  Indians  to  o-veater  exertions  in  hunt- 


IMO.NKKI:     LECJISI.ATIOX  ^•> .» 

ing  other  Fiivs,  and  that  they  mav  not  snftVr  any  privation  in 
consequence  of  the  proposed  restrictions,  it  is  Resolved 

92,  That  all  Indians  at  Posts  where  this  restriction  exists 
and  who  do  not  kill  Keaver  be  paid  in  Goods  the  value  of  10 
Skins  of  Made  Beaver  for  every  0  Skins  in  small  Furs  they 
trade  in  course  of  the  year. 

t);>.   That   all   Servants  who   are  or   who   may  hereafter  be 
received  into  the  Service  at  Wages  exceeding  £17  Sterg.  per 
anm.  or  Prix  du  Poste  be  charged  for  all  purchases  made  in  his, 
rountry  at  an  advance  of  50  per  Cent  on  the  usual  sale  Tariff 
to  Servants,  Sununer  and  Winter. 

In  furtherance  of  the  important  object  of  discontinuing  the 
use  of  spirituous  Liquor  throughout  the  Country  where  it  can 
he  done  with  safety,  it  is  Resolved 

1)4.  That  no  Liquor  be  given  to  the  Indians  of  the  follow- 
ing Posts,  viz.:  York  Factory,  Churchill  and  Severn;  and  that 
in  lien  of  their  usual  presents  in  that  Article,  quantities  of 
I'rovisions,  Ammunition  and  Tobacco  of  equal  value  be  pre- 
sented to  the  Indians  of  those  Posts. 

In  order  to  simplify  the  business  of  York  Factory  and  to 
ascertain  more  correctly  the  result  of  each  branch  of  the 
business  thereof,  it  is  Resolved 

95.  That  in  future  the  accounts  of  the  Indian  Shop  or 
Fur  trade,  and  the  Depot  business  be  kept  separate  and  distinct. 

U(\.  That  dressed  Leather  and  Parchment  be  supplied  the 
Soutliern  Department  as  follows:  to  be  packed  and  Invoiced 
separately  at  York  Factory  and  shi]»ped  for  Fngland. 

L'iOO  Dressed  jNfoose  and  Red  Deer  Skins @5/  O. 

100       ''       Reindeer  do  "  2/  0. 

200   Parchment   Moose    and    Pvcd    Deer    Skins..    "  3/  6. 
500        ''  Pieindeer  do  "  2/ 

97.  That  all  ])urchases  made  by  Wesleyan  Missionaries 
from  the  Company's  Shops  or  Stores  be  charged  at  the  Tariff 
used  for  Sales  to  Servants. 

98.  That  in  valuing  the  Returns  of  all  Districts  through- 
out the  jSTorthern,  Southern  and  Montreal  Departments,  the 
annexed  average  Price  List  be  adopted. 

In  order  the  more  accurately  to  ascertain  the  result  of  the 
arrangement  with  the  Russian  American  Fur  Company  under 
the  provisions  of  the  Agreement  of  February  1S39  and  of  any 
other  transaction  with  that  association,  it  is  Resolved 
28159—58 


bo-t  CANADIAX    AUCIIIVKS 

J>1).  Th;ir  all  such  transactions  be  considered  as  forming 
parts  of  the  operations  of- a  District,  in  like  manner  as  New 
Caledonia  or  any  other  District  in  the  Columbia  Department 
and  be  styled  "  Russian  American  Transactions." 

100.  That  an  Indent  for  the  supply  for  Red  River  Settle- 
ment from  Europe  be  prepared  distinctly  from  the  Northern 
Department  General  Indent;  the  former  to  be  made  up  in 
trausportable  packages  under  the  mark  of  "  R.  R.  S."  agree- 
ably to  the  notes  appended  to  the  Indent.  As  many  of  those 
Gdods  to  be  forwi'.rdod  after  the  arrival  of  the  Ship  in  the  fall 
of  the  year  as  possible. 

lOL  That  Resolutions  88,  91,  92,  95,  98  and  101  of 
Council  ,Tuuc  1837  be  considered  as  forming  part  of  the 
Stand ini>-  Rules  and  Regulations  of  the  Service  and  be  added 
thereto. 

102.   That  this  Council  do  now  adjourn.     . 

(Sigd)     GEORGE  SIMPSON,  Governor. 
JOHN  ROWAND,  C.  F. 
ALLAN  MoDONELL,  C.E. 
DUNCAN  FINLAYSON,  C.  F. 
DONALD  ROSS,  C.F. 
WILLIAM  TODD,  C.T. 
NICOL  FINLAYSON,  C.T. 
GEORGE  GLADMAN,  C.T. 

Averar/e  Price  List  for  Valuinr/  Rcfiims  of  Tra/h,  ISJfl. 

Average  Price  List  for  valuing  Returns  of  Trade,  for  the 
Northern,  Southern  and  Montreal  Departments,  adopted  by 
Resolution  No.  98  of  Council  of  1841. 

Badgers Skin  1/7 

Rears,  Black 25/3 

Brown 71/ 

Grey 35/G 

White 20/ 

Beaver,  large 32/ 

small 15/8 

coating lb.  13/ 

Castoreum "  22/3 

Feathers,  Goose "  1/2 

Partridge "  /lO 

Fishers ^. Skin  10/G 


PIONEER    LEGISLATION  835 

Foxes,  Silver ..  98/ 

Cross 19/ 

Red 5/6 

White 7/3 

Blue 9/6 

Kitt , 2/3 

Isinglass lb.  6/ 

Ivory "  1/9 

Lynx Skin  9/6 

Martens 10/4 

Minks 2/3 

Musquash /6 

Oil,  Train Ton  567/ 

Otters,  Land Skin  20/ 

Sea 144/4 

Quills,  Goose  per  1000 35/ 

Swan     "      " 90/ 

Raccoons Skin  2/4 

Swans "  4/ 

Wolves 5/6 

Wolverines 5/9 

I 

Bear's  Grease . lb.  /9 

Buffalo,  Robes Each  10/ 

,  Skins  dressed  ....       "  5/ 

,              parchments 5/ 

Deerskins,  Elk  and  Red  dressd   .  .  7/6 

,  do    parchment 5/ 

,  Rein,  dressed 3/ 

,    "      parchment 3/ 

Ermines Skin  3/ 

Hares "  /3 

Otter  Tails   (Sea   Otter)    ea.  .    .  .  3/ 

Panther Skin  2/6 

Seal    (Fur) "  4/ 

Squirrels ''  /I 

Swan  Pinions ea.  /3 

Tallow lb.  m 

Tongues,    Buffalo ea.  /9 

Tongues,  Reindeer "  /G 

Whalebone Lb.  /6 

Wool "  /6 

28159— 53i 


M?>0  CANADIAN    AKC'HIVES 

Minutes  of  Council  lSJf'2. 

Minutes  of  a  temporary  Council,  held  at  Norway 
House,  Northern  Department  of  Rupert's  Land,  which 
commenced  on  the  21st  June,  1842,  for  the  purpose  of 
establishing  such  Rules  and  Regulations  as  may  be  considered 
expedient  for  conducting  the  business  of  the  said  Department, 
and  in  order  to  investigate  the  result  of  the  Trade  of  last  year, 
conformably  to  the  provisions  of  a  Deed  Poll  under  the  seal 
of  the  Governor  and  Company  of  Adventurers  of  England 
trading  into  Hudson's  Ray,  bearing  date  the  6th  June,  1834, 
at  which  the  following  members  were  present,  viz: — 

Duncan  Finlayson,  Chief  Factor,  President. 

Roderick  McKenzie,  do 

Donald  Ross,  do 

J.  E.  Harriott,  Chief  Trader. 

William  Todd,  do 

George  Gladman,         do 

Resolved  1.  That  the  rotations  of  furlough  for  the  current 
outfit,  1842,  be  in  favor  of  Chief  Factors  John  Rowand,  J.,  Lee 
Lewes,  and  Roderick  McKenzie,  with  Chief  Traders  W.  H. 
MclSTeil  and  George  Barnstone. 

2,  That  Chief  Factors  John  Rowand  and  Roderick  IMc- 
Kenzie,  and  Chief  Traders  W.  H.  McNeil  and  George  Barn- 
stone  having  given  no  intimation  of  their  intention  to  avail 
themselves  of  their  rotations  this  season,  their  services  be  con- 
sidered disposable  for  the  current  outfit. 

3.  That  Chief  Factor  Lewes  cannot  avail  himself  of  his 
rotation  of  furlough  for  the  current  outfit;  such  being  con- 
trary to  the  tenor  of  the  4th  Resolution  of  last  year's  Coun- 
cil, which  declares  that  no  commissioned  officer  shall  be  en- 
titled to  furlough  until  the  expiration  of  7  years  after  his  last 
furlough  or  leave  of  absence. 

4.  That  leave  of  absence  for  the  current  outfit  be  afforded 
to  Chief  Factors  John  Charles,  Joseph  Beioley,  William  Con- 
olly,  Allan  McDonell,  and  P.  W.  Dease,  with  Chief  Traders 
Thomas  McMurray  and  John  McLean. 

5.  That  the  rotations  of  furlough  for  the  ensuing  year,  Out- 
fit 1843,  be  considered  in  favour  of  Chief  Factors  Duncan  Fin- 
layson and  P.  S.  Ogden,  and  Chief  Traders  John  Bell.  Thomas 
Corooran  and  John  McT^ean. 

In  order  to  prevent  any  difficulties  or  misunderstandings 
I.ereafter  in  regard  to  the  rotation  of  Furlough,  it  is  Resolved 


PIONEER    LEGISLATION 


837 


6.  Tliat  no  Commissioned  Gentleman  shall  be  entitled  to 
Furlongh  until  the  expiration  of  7  years  after  his  last  Fur- 
lough or  leave  of  absence. 

7.  That  the  following  appointments  take  place: — 


Districts. 

Athabasca 
McKenzie's  River 

English  River 
Saskatchewan 
Swan  River 
Red  River 
Lac  La  Plnie 
l^orway  House 
York  Factory 

Columbia 


Chief  Factors. 

J.  Lee  Lewes 

R.  McKenzie 
J.  Rowand 

D.  Finlayson 

Donald  Ross 


!J.    McLoughlin 
J.  Douglas 
Arch'd  McDonald 


J^ew  Caledonia 


P.  S.  Offden 


Chief  Traders. 

0.  Campbell. 
Alexr.   Fisher. 
John  Bell. 

J.  E.  Harriott. 
William  Todd. 

N.  Finlayson. 

J.  Hargrave. 
Geo.  Gladman. 
John  Work. 
Richard    Grant. 
Donald  Manson. 
W.  H.  McXeil. 
Wm.  Glen  Rae. 
Fras.  Ermatinger. 
'John    Tod. 


8.  Winter  Arrangements — 

Athabasca — Fort  Chippewyan,  Colin  Campbell,  C.T. 

Wm.   McMurray  Apprentice 
Postmaster. 
Dunvegan,  Francis  Butcher,  Clerk. 
Vermilion,  William  Shaw,  P.M. 
Great  Slave  Lake,  George  Deschambeault,  Clerk. 

9.  That  3  boats  and  22  men,  including  the  Guide,  and  190 
pieces  of  goods  constitute  the  Current  Outfit  for  this  district. 

10.  That  C  T.  Campbell  accompany  his  Brigade  to  Nor- 
way Tlousp,  summer  1843,  for  the  ])urpose  of  attending  to  the 
business  of  the  district;  and  that  the  clerks  and  postmastere 
remain  inland  and  be  appointed  as  he  may  consider  expedient. 

11.  Summer  Arrangements — 

Athal)asca — Fort   Chippewyan,    3    men  including   Interpreter. 
Dunvegan                 3  do 

Vermilion  2  do 

Great  Slave  Lake     2  do 


838  CANADIA^S^    ARCHIVES 

12.  That  C.  T.  Hargrave  take  the  necessary  steps  to  pre- 
pare and  forward  to  IN^orway  House  about  19,0  pieces  of  goods 
for  Athabasca  Outfit  1843,  by  Indians  or  Ked  Kiver  Carriers. 

13.  That  a  boat  be  furnished  by  Athabasca  District  and 
conveyed  to  the  Rocky  Mountain  Portage  early  in  the  Fall  of 
1843  for  the  transport  of  Leather  &c.  for  ISTew  Caledonia;  and 
that  as  Chief  Factor  Ogden  has  intimated  that  no  leather  or 
Country  Produce  will  be  required  for  that  district  that  none  be 
sent  thither  for  the  current  Outfit. 

The  encouragement  afforded  by  Athabasca  and  McKenzie's 
River  Districts  for  the  assembling  of  Indians  in  large  bands  at 
.Portage  La  Loche  being  found  exceedingly  injurious  to  the 
Interests  of  English  River  District  and  likely  to  become  dan- 
gerous to  the  passing  brigades,  it  is  Resolved 

14.  That  the  Gentlemen  in  Charge  of  Brigades  belonging 
to  those  Districts  be  strictly  prohibited  from  affording  such 
encouragement  in  future,  either  by  payment^ on.  public  account, 
or  by  j)rivate  payment  on  account  of  the  people  for  assistance 
in  transporting  the  Outfit  or  Returns  on  that  Portage. 

15.  Winter  Arrangements — 

McKenzie's  River — Fort  Simpson,  J.  Lee  Lewes,  C.F. 

James  Pruden,  Apprentice 
P.M. 
>  Riviere  aux  Liards,  Alexr.  Christie,  Clk. 

Fort  Good  Hope,  Alexander  Fisher,  C.T. 
Fort  Halkett,  William  Hardisty,  Ap.P.M. 
Fort  ']N"orman,  Adam  McBeath,  P.M. 
Peel's  River,  John  Bell,  C.T. 
Frances  Lake,  Robert  Campbell,  Clerk. 

P.  C.  Pambrun,  A^^^rP.M. 

16.  That  300  pieces  goods  in  5  boats,  manned  by  36  men, 
including  the  Guide,  30  of  whom  are  Red  River  men  hired  for 
the  trip  and  6  men  under  contracts  as  regular  servants  who  are 
intended  for  the  district  constitute  the  current  outfit. 

lY.  That  C.  F.  Lewes  be  directed  to  prosecute  and  extend 
the  trade  in  the  newly  discovered  countries  of  the  West,  as  far 
as  the  means  at  his  disposal  may  permit. 

18.   Summer  Arrangements — 
McKenzie's  River — Fort  Simpson,  2  men  including  Interpreter 
Riviere  "ku  Liard,  2  do 

Fort  Good  Hope,   2  do 

Fort  Halkett 
Fort   Xorman  1  do 


PIONEER    LEGISLATION  830 

Peel's  River,  8  men  Summer  &  Winter 
Frances  Lake  5     "  do 

19.  That  C.  F.  Lewes  accompany  his  Brigade  to 
Portage  La  Loche,  summer  1843,  and  that  the  Commissioned 
Gentlemen,  Clerks  and  Postmasters  attached  to  the  District 
remain  inland  and  be  appointed  as  he  may  consider  expedient. 

20.  That  Hector  McKpnzie,  Apprentice  Postmaster,  be  per- 
mitted to  retire  from  the  Service,  Summer,  1843,  and  that  he 
be  furnished  with  a  passage  to  Red  River  Settlement. 

21.  That  C.  T.  Hargrave  be  directed  to  prepare  and  for- 
ward in  the  course  of  the  present  summer,  about  250  pieces  of 
goods  to  jSTorway  House  for  Outfit  1843;  the  same  to  be  trans- 
ported thence  to  Portage  La  Loche  in  4  boats,  to  start  on  or 
before  the  15th  June,  1843,  manned  by  a  Guide  and  28  men, 
of  whom  23,  including  the  Guide,  to  be  engaged  for  the  trip  in 
Red  River,  and  6  servants,  under  engagements  of  not  less  than 
3  years,  to  replace. any  that  may  retire  from  the  District. 

22.  Winter  Arrangements — 

English  River — Tie  a  la  Crosse,  R.  McKenzie  C.F. 
Rapid  River,  An  Interpreter 
Green  Lake,   Thomas  Hodgson,  P.M. 
Deer's  Lake,  An  Interpreter. 

23.  That  120  pieces  Goods,  in  2  boats  manned  by  15  men, 
including  the  Guide,  and  Indians  hired  for  the  trip  in  English 
River,  constitute  the  Current  Outfit  for  this  District. 

24.  Summer  Arrangements — 

English  River — He  a  la  Crosse,  T.  Hodgson,  P.M.  &  2  men. 
Rapid  River,  1  Man. 

25.  That  the  usual  quantity  of  dried  provisions  be  provided 
and  forthcoming  for  the  use  of  the  inward  and  outward  bound 
Brigades,  Spring  and  Summer,  1843. 

26.  Winter  Arrangements — 
Saskatchewan — Edmonton,  J.  Rowand,  C.F. 

P.  Ogden,  Clerk 
Carlton,  Patrick  Small,  Clerk 
Rockv  Mountain  House,  J.  E.  Harriott,  0;T. 
Fort  Pitt,  H.  Fisher,  Clerk 
Jasper's  House,  Colin  Eraser,  P.M. 
Lesser  Slave  Lake,  G.  JMcDougall,  Clerk. 
'  ,   Cumberland,  J.  Rowand,  Jr.  Clerk, 

"AFoose  Lake,  An  Interpreter. 


S40  CAXADIAX    AltCJriVES 

27.  That  about  450  pieces  goods,  iu  5)  boats  mamied  by  45 
servants  belonging  to  the  JJistrict,  constitute  the  Current  Outfit, 
and  that  the  crews  be  made  up  by  ingoing  servants  behjuging 
to  Columbia  and  Xew  Caledonia  Districts. 

28.  That  the  following  provisions  and  other  Country  Pro- 
duce be  provided  by  this  District  and  brought  to  Xorway 
Honse  next  summer: — 

12  new  Boats, 
500  prs.  tracking  Shoes. 
100  Bales  dried  meat. 

30  good  leather  Tents. 
300  bags  Pemican,  each  90  lbs. 

70  bags  line  Pemican,  each  45  lbs. 

29.  That  130  bags  Pemican  and  the  usual  quantity  of  Coun- 
try Produce  be  deposited  at  Cumberland  House  next  season,  for 
the  use  of  the  ]]rigades  passing. 

30.  That  a  boat  and  3  men  be  left  at  York  Factory  for  the 
purpose  of  conveying  G  labourers  and  a  boat  carpenter,  coming 
by  the  sliip,  inland;  the  carpenter  to  be  attached  to  the  district 
and  the  labourers  to  be  brought  to  tliQ  Depot  next  spring. 

31.  Summer  Arrangements — 
Saskatchewan — Edmonton,  J.  E.  Harriott,  C.T. 

P.  Ogden,  Clerk,  and  12  men 
Carlton,  P.  Small,  Clerk  and  7  men. 
Lesser  Slave  Lake,  G.  McDougall,  Clerk  and 

2  men 
Port  Pitt,  11.  Fisher,  Clerk  &  4  men 
Jasper's  House,  Colin  Eraser,  P.M.,  &  1  man 
Cumberland,   -T.   Rowand,  Jr.,   Clk.,  &  2  men. 

32.  That  C.  F.  Powand  l)e  authorized  to  make  the  Summer 
and  Winter  Arrangements  of  the  Commissioned  Gentlemen, 
Clerks,  and  Postmasters  as  he  nuiy  consider  expedient. 

33.  Winter  Arrangements — 

Swan  River— Fort  Pellv,  William  Todd,  C.  T. 
Fort  Ellice,  J.  R.  McKay,  P.M. 
^fanitobah.  An  Interpreter 
Shoal  River,  An  Interpreter 

34.  That  about  ISO  ])iecp6  goods,  in  3  boats  and  15  voyag- 
ing servants  constitute  the  Outfit  for  this  District;  100  pieces 
of  these  goods  for  Fort  Pelly,  Manitobah  and  Shoal  River,  and 
the  remainder  to  be  forwarded  partly  on  freight  to  Red  River 


I'lOXEEll    EEGISLATIOX  841 

Settleiiieut  for  the  trade  of  Fort  Ellice;  the  crews  of  the  boats 
to  be  made  \ip  to  6  men  each  bv  Trippers  hired  for  the  voyage. 

35.  That  C.  T.  Todd  take  to  Norway  House  next  spring 
oOO  lbs.  of  gum,  20  good  leather  tents,  30  bushels  salt,  15  bags 
tine  Pemican  each  -45  lbs,  and  15  bales  dried  meat  for  distri- 
bution; and  that  he  take  the  necessary  steps  to  provide  200 
bushels  salt  for  the  use  of  Red.Eiver  Settlement,  deliverable 
at  the  north  end  of  Manitobah  Portage,  the  price  not  to  ex- 
ceed 8/  (shillings)  per  bushel. 

36.  Summer  Arrangements — • 

Swan  River — Fort  Pellv,  3  men,  including  interpreter 

Fort  Ellico,  J.  R.  McKay,  P..M.,  and  7  men 
Manitobah,  An  Interpreter 
Shoal  River.  A  Labourer 


37.  Winter  Arrangements — 

Red  River — Fort  Garry,  Duncan  Finlayson,  C.F. 

Richard  Lane,  Apprentice  Clerk. 
Lower  Fort,  John  Black,  Clerk 
Recorder  of  Rupert's  Land,  Adam  Thorn. 
Warden  of  the  Plains,  Cuthbert  Grant. 
Surveyor,   George  Taylor. 

38.  That  the  following  supplies  be  provided  at  the  Colony 
for  exportation  to  Xorway  House,  Summer  1843,  made  up  in 
sound  and  transportable  packages,  and  purchased  at  the  usual 
prices,  viz: — 

35  bushels  rough  Parley 

3     ,  "          French  Beans  50  bales  dried  Meat 

12  cwt  good  cured  Beef  500  ])ags  common  Pemican 

30     ''  Biscuit  45  cwt.  salt  Pork 

34  oak  Poards,  13  ft.  7  x  ^  in  3  bushels  Onions 

8          Do            15   •'  8  X  f  in  200  Portage  Straps 
12          Do            10  ''   10  X  2  in    12  assmts.  Garden  Seeds 

60  firkins  Butter  each  56  lbs  3  Kegs  salted  Suet 

10  Half  ''          Do        28  "  400  cwt  best  dried  Flour 

6  Maccarons  Do  1st  &  2nd  Quality 

80  lbs  Cheese  200  cwt  best  dried  Flour 

10  bushels  Indian  Corn  1st  Quality 
15  kegs  Eggs 
60  Hams  " 


842  CANADIAX    AKCHIVES 

5000  white  oak  Staves  for  8  gal.  kegs,  22  in  by  3^   x  ^  in 
1000     "         "    Headings  for  8  gal" kegs  26  in  by  4  x  !^  in 
600     "        "    Staves  for  34  galxkegs,  30  in  by  5^  x  ^ths  in 
250     "        "    Headings  for  24  gal  kegs,  20  in  by  6^  x  1  in 

39.  That  Red  lliver  Produce  of  every  description  be  valued 
on  Inventory  at  ISTorway  Honse  and  York  Factory  at  prime  cost 
with  33-l/3rd  per  cent,  thereon,  to  cover  freight,  packages  and 
other  charges  at  Red  River;  and  when  sold  to  Servants  the 
price  to  be  12i  per  cent  on  Inventory  Tariff. 

40.  That  a  Guide  and  22  men  be  engaged,  for  McKenzie's 
River  Transport  and  the  Fall  Freight  from  York  Factory  to 
Red  River,  at  £25  to  the  Guide,  £16  to  the  Steersmen,  £14  to 
the  Bowsmen  and  £12  to  the  Middlemen. 

41.  That  the  price  of  Dollars  in  Red  River  during  the  cur- 
rent Outfit  be  at  the  rate  of  4/9  per  oz.  or  4/1  Sterling  per 
Dollar,  and  English  coins  at  the  standard  value. 

42.  That  the  new  vessel  built  at  Norway  House  be  laid  up 
for  the  winter  at  Red  River,  and  that  another"  vessel  of  the 
same  dimensions  be  built  next  winter  at  the  latter  place,  it' 
practicable. 

43.  Winter  Arrangements — 

Lac  La  Pluie — Fort  Frances,  Nichol  Finlayson,  C.T. 

Fort  Alexander,  William  Sinclair,  Clerk 
Rat  Portage,  D.  McKenzie,  Clerk 
'  -  Lac  du  Bois  Blanc,  James  Isbister,  P.jNL 

44.  That  about  240  pieces  goods,  with  a  complement  of  12 
voyaging  servants,  constitute  the  Current  Outfit ;  140  pieces  of 
these  to  be  taken  from  York  to  Norway  House  in  2  boats  man- 
ned by  12  voyaging  servants,  and  the  remaining  100  pieces  to 
be  transported  to  Norway  House  on  freight,  and  from  Norway 
House  the  whole  to  be  transported  in  4  boats,  manned  by  3 
men  each  with  the  assistance  of  Indians. 

4.T.  Th  if  the  sum  of  £300  sterling  bo  ]>nid,  by  draft  on  the 
Goveruor  aud  Committee,  to  Ramsay  Crooks,  Esq.,  in  con- 
sidoration  of  tlio  oii])osition  liaving  been  removed  from  the 
frontiers  of  Lake  Superior,  Lac  La  Pluie  and  Red  River  Dis- 
tricts, conformably  to  the  terms  of  an  agreement  entered  into 
between  the  Hudson's  Bay  Company  and  the  American  Fur 
Company;  the  said  amount  to  be  charged  to-  Lac  La  Pluie, 
Outfit  1S4L 

40.  That  8  kegs  sjurits  bo  furnisliod  Lac  La  Pluio  Dis- 
ti'icf  for  the  Current  Outfit,  to  be  givou  as  Gvptuit.ie-  to  the 
Tudiaus  of  Fort  Francos,  Rat  Portapo  pud  Lac  du  Lois  Blanc. 


PIONEEK    LEGISLATIOX  S4'l 

47.  Summer  Arrangements — 

Lac  la  Plnie — Fort  Frances,  3  men  including  Interpreter. 
Fort  Alexander,  2  men  including  Interpreter. 
Rat  Portage,         2  men  including  Interpreter. 

48.  That  it  be  discretionary  with  C.  T.  Finlajson  to  make 
the  necessary  Summer  Appointments  of  the  Clerks  and  Post- 
masters remaining  inland. 

49.  Winter   Arrangements — 

N'orway  House — T^orway  House,  Donald  Ross,  C.F. 

R,    M.    Ballantyne,    Appce. 
Clerk  and  7  men 
Berens  River,  R.  Cummings,  P.M.  &  2  men 
ISTelson  River,  J.  Isbister,  P.M.  &  2  men. 

50.  That  3  voyaging  servants  belonging  to  the  District  as- 
sisted by  30  Indians,  to  be  engaged  for  that  purpose,  be  em- 
ployed to  make  two  trips  to  York  Factory  with  4  boats  carry- 
ing 80  pieces  each  per  trip  upwards;  and  that  110  pieces  of 
goods  constitute  the  Outfit  for  this  District. 

51.  That,  with  the  exception  of  Red  River  or  other  Coun- 
try Produce,  no  supplies  of  any  descrij^tion  are  to  be  given  or 
sold  to  servants  or  Districts  at  ISTorway  House. 

52.  That  the  6  new  hands  intended  for  McKenzie's  River 
consist  of  1  Boat  Carpenter,  1  Blacksmith  and  4  Labourers, 
and  be  stationed  at  Korway  House  during  the  winter,  together 
with  any  supernumeraries  that  can  be  supplied  from  York  in 
the  fall.    Resolved 

53.  Summer  Arrangements — 

N^orway  House — Norway  House,  Donald  Ross,  C.F. 

Robert  Michael  Ballantyne,  Apprentice  Clerk 

and  7  men. 
Berens  River,  R.  Cummings,  P.M.  and  1  man 
Nelson  River,  J.  Isbister,  P.M.  and  1  man. 

54.  Winter  Arrangements — 

York  Factory — York  Factory,  J.  Hargrave,  C.T. 

Wm.   McTavish,   Accountant 
.   H.  McKenzie,  Clerk 
W.  D.   Gillespie,  Surgeon 
R.  Clouston,  Clerk 
G.  Hamilton,  Apprentice  Clerk 
Robert  Wilson,  P.M. 
Churc-hill.  Robert  Harding.   Clerk. 

Severn.  An  Interpreter. 


S-i-t  CAXADIAX    ARCHIVES 

Oxford  House,  George  Gladman,  C.T. 
Island  Lake,       Wm.  J^IcKay,  P.M. 

55.  That  notwithstanding  the  appointment  of  Mr.  Glad- 
man  to  Oxford  House  it  is  understood  that  he  shall  be  at  York 
Factory  during  the  summer  for  the  purpose  of  attending  the 
Fur  Stores. 

56.  That  30  men,  including  Mechanics,  and  the  crew  of 
the  Schooner  Frances,  constitute  the  Winter  and  Summer 
Establishment  of  York  Factory. 

57.  That  6  men  constitute  the  Summer  and  Winter  Estab- 
lishment of  Churchill,  with  an  Outfit  amounting  to  about  90 
pieces  Goods  &;  Provisions,  to  be  transported  from  York  Fac- 
tory during  the  summer  by  the  Frances  schooner. 

58.  That  60  pieces  Goods  with  3  Servants  constitute  the 
Current  Outfit  of  Severn.  That  J.  Cromartie,  Interpreter, 
and  one  servant  remain  at  the  post  during  the  summer,  unless 
otherwise  directed  by  C.  T.  Ilargrave,  and  that  the  other  two 
proceed  to  York  Factory  early  in  June,  for  the  purpose  of 
being  employed  there  during  the  Summer. 

59.  That  Mr,  Gladman  be  directed  to  employ  4  Boats, 
manned  by  32  Indians  and  a  Guide,  in  performing  a  double 
trip  between  York  Factory  and  Xorway  House  in  the  transport 
of  Returns — the  lading  of  each  boat  upwards  to  be  80  pieces 
and  65  do^niwards,  5  of  which  to  be  left  at  Oxford  and  the 
remaining  60  pieces  per  boat  to  be  deliverable  at  York  Factory. 

60.  That  75  pieces  Goods,  transported  in  a  boat  manned 
by  6  servants  and  1  Indian,  constitute  the  current  outfit  for 
Oxford  and  Island  Lake  outposts. 

61.  Summer   Arrangements — 

Island  Lake — Oxford  House,  Wm.  McKay,  P.^r.,  and  1  man. 
Island  Lake,  1  man. 

62.  Columbia  Arrangements — 
l^^ort   Vancouver — J.    McLoughliu,    C.F. 

James  Douglas,  C.F. 
Alexander   Anderson,   Clerk. 
Dougald   McTavisli,   Clerk. 
Forbes  Barclay,   Surgeon. 
I).  McLoughliu,  Apprentice  Clerk. 
G.  B.  Roberts,  P.M. 
A.  T>ee  Lewes,  Clerk. 
1).   Harvey,   Clerk  ».t  Farmer. 
Foi't   George —  James    Biruie,   Clerk. 


riONEKi;    J.EGISJ.VTION  845 

ISTasqually — Angus  McDonald,   Clerk. 
Port  Langlcv — J.  M.  Yale,  Clevk... 
Fort  Simpson— John  Work,  C.T.  a  - 

Koderick  Finlavson,  Ai^prentiee  Clevk. 
Fort  McLoug'hlin — Charles  Ross,  Clerk. 
Umpqua — Jean  Baptiste  Ganier,  Interpreter. 
Bonaventnra    Ex])edition — Francis   Ermatinger,    C.T. 
Snake  Expedition  c^'  Fort  Hall— Eichard  Grant,  C.T. 

Angns  McDonald,  Interpreter. 
Francois  Pajette,  Clerk. 
Fort  Colvile— Areliih.ld  :VIcDonald,  C.F. 
Flat  Heads— J.  l^IePherson,  P.M. 
Coutonais — Patrick  McKenzie,  App.  P.M. 
Thompson's  Pivcr — Donald  Manson,  C.T. 

D.  Cameron,  P!i\r. 
Okanagan — An  Interpreter. 
Nez  Percez — Archibald  McKinley,  Clerk. 
Stikine — J.  McLonghlin,  Clerk. 
Tak(K3 — J.  Kennedy,  Clerk  &  Surgeon. 
Disposable — Charles  Forrest,  P.M. 

William  Todd,  App.  P.M. 
Beaver  steamer— W.  H.  McXeil,  C.T. 
J.  Carles^.  Engineer. 
Wm.  Heath,  1st  ^late. 
Vancouver — A.  Duncan. 
Cadboro — J.  Scarborough,  Master. 

Wm.  Miteheri,  Mate. 
Coivlitz — Wm.  Brotchie,  Master. 
Charles  Dodd,  1st  ^fate. 
Edward  Heald,  2nd  Mate. 
Sandwich  Islands — George  Pellv,  Agent. 
George  Allan,  Clerk. 
California— W.  Glen  Rae,  C.T. 
New  Caledonia— Stuart's  Lake,  P.  S.  Ogden,  C.F. 

H.  Maxwell,  Clerk. 
Eraser's  Lake,  Wm.  F.  Lane,  Clerk. 
McLeod's  Lake,  Paul  Eraser,  Clerk. 
Alexandria,  Jolin  Tod,  C.T. 
Chilcotin,  D.  McLean,  Clerk. 
Conolly's  Lake,  Wm.  McBean,  Clerk. 
Fort  George,  Wm.  Porteous,  Clerk. 
Babines,  John  Mclvintosh,  Clerk. 


846  CANADIAN    Alt€lIlVES 

63.  That  it  be  discretionary  with  C.  P.^  McLoughlin  to 
make  the  appointments  of  the  Commissioned  Gentlemen,  Clerks 
and  Postmasters  in  the  Columbia  Department  which  is  nnder- 
stood  to  comprehend  the  Colnmbia  proper,  the  IST.  W.  Coast, 
i^ew  Caledonia,  Sandwich  Islands,  and  the  Marine  Department 
— it  being  understood  that  C.  F.  Ogden  make  the  appointments 
of  the  Gentlemen  in  'New  Caledonia  as  he  may  consider  expe- 
dient. 

64.  That  Alexander  Anderson,  Clerk,  and  William  Todd, 
Apprentice  P.M.  with  20  servants  be  forwarded  to  the  Colum- 
bia District,  and  accompany  the  Saskatchewan  Brigade  under 
the  charge  of  C.  T.  Harriott  from  the  Depot  (York  Factory) 
to  Edmonton,  from  thence  proceed  under  the  charge  of  Mr. 
Anderson  to  Vancouver,  unless  he  may  receive  further  instruc- 
tions from  C.  F.  McLoughlin  en  route,  by  which  he  will  regu- 
late his  movements. 

From  the  want  of  judgment  and  the  foolhardiness  of  many 
of  the  Guides  in  running  rapids,  which  have  already  been  pro- 
ductive of  such  melancholy  results,  in  the  loss  of  both  lives  and 
proerpty  especially  in  the  Columbia,  it  is  Resolved 

65.  That  no  Guide  nor  Steersman  be  hereafter  permitted 
to  run  any  rapid  or  fall,  where  the  least  danger  is  to  be  appre- 
hended ;  and  that  any  contravention  or  evasion  of  this  Pesolu- 

,  tion  be  visited  with  the  most  severe  punishment  which  the  Gov- 
ernor and  Council  can  legally  inflict ;  and  that  Gentlemen  in 
Charge  of  Brigades  be  not  allowed  to  absent  themselves  from 
such  charge  until  they  reach  their  destination. 

66.  That  all  Gentlemen  in  Charge  of  Districts,  Posts  and 
Brigades  be  directed  to  give  publicity  to  the  foregoing  Resolu- 
tion. 

67.  That  in  accordance  with  the  23rd  paragraph  of  Gov- 
ernor Sir  George  Simpson's  dispatch  to  the  Governor  and  Com- 
mittee, dated  Fort  Vancouver  25th  K'ovember,  1841,  Chief 
Factor  McLoughlin  take  the  necessary  steps  for  abandoning 
the  Posts  of  Fort  McLoughlin  and  Takoo  in  Summer  1843,  and 
the  Posts  of  Stikine  in  Summer  1844;  and  for  fitting  the 
Beaver  Steamer  to  secure  the  trade  usually  collected  at  these 
abandoned  Establishments. 

It  being  considered  in  many  points  of  view  expedient  to 
form  a  Depot  at  the  Southern  end  of  Vancouver's  Island,  it  is 
Resolved 


PIONEER    LEGISLATIOX  847 

GS.  That  an  eligible  site  for  such  a  Depot  be  selected,  and 
that  measures  be  adopted  for  forming  this  E-tablisliment  with 
the  least  possible  delay.  ,     .. 

G9.  That  C.  F.  Ross  be  directed  to  take  the  iiec-essarv  steps 
to  provide  and.  forward  3000  prime  Otters  and  loO  prime  Fish- 
ers- by  the  Columbia  Brigade  for. the  purpose  of  meeting  our 
contract  with  the  Russian  American  Fur  Company;  and  that 
C.  T.  Harriott  and  Mr.  Anderson  be  particularly  enjoined  to 
take  the  most  watchful  care  of  those  Skins  from  soil  or  damage 
of  any  kind  during  the  Voyage. 

70.  That  C.  F.  Ross  be  further  directed  td  concert  measures 
Avith  Gentlemen  in  the  Southern  Department  to  procure  from 
the  Albany  District  the  requisite  number  of  Otters  to  complete 
the  Contract  with  the  Russian  American  Company,  deliverable 
at  Fort  Alexander  not  later  than  the  15tli  June,  184:3. 

71.  That  C.  T.  TIargrave  take  measures  to  get  conveyed  to 
York  Factory  next  spring  all  the  prime  Otters  ]n'ocured  at 
Severn  during  the  current  outfit,  for  the  purpose  of  being  sent 
to  the  Columbia  by  the  Saskatchewan. 

72.  That  an  allowance  of  £100  be  made  Mr.  John  Mc- 
Callum  in  aid  of  the  boarding  School  under  his  manngcuient, 
for  the  Current  Outfit. 

73.  That  an  allowance  of  £100  be  made  to  Dr.  Bunn  for 
medical  attendance  at  the  Company's  Establishments  at  Red 
River,  and  on  the  retired.  Servants  who  cannot  afford  to  pay  for 
such,  as  well  as  on  other  pauper  settlers,  for  the  Current  Outfit. 

74.  That  the  nsual  contribution  of  £100  per  annum  towards 
maintaining  the  Police  Establishment  of  Red  River  be  con- 
tinued. 

75.  That  an  allowance  of  £100,  with  the  usual  supplies  of 
Tea,  Sugar,  &c.,  be  made  to  the  Catholic  Mission  of  Red  River 
Settlement  for  the  Current  Outfit. 

76.  That  an  allowance  of  £100  be  made  to  the  Catholic 
Mission  nnder  the  superintendence  of  the  Rev.  Mr.  Blanchette 
in  the  Columbia  District  for  the  Current  Outfit. 

77.  That  William  McKay,  P.M.,  be  furnished  with  3  or  4 
Indians  and  the  necessary  implements,  during  the  summer,  for 
improving  the  portage  and  river  communications  between  York 
Factory  and  ISTorway  House. 

-  78.  That  throughout  the  Country  none  but  spring  rats 
(musquash)  shall  hereafter  be  traded,  and  that  10  such  rats  be 
considered  equal  to  a  Made-Beaver,  at  all  Posts  and  Districts 
in  the  Xorthern  Department. 


848  CA^'ABIAX    ARCHIVES 

In  compliance  with  the  '30tli  paraoraph  of  the  Governor 
and  Committee's  dispatch  of  30th  March,  1842,  regnlating  the 
exportation  of  Mnsqnash  fi-om  the  l>ay  bv  the  ships  of  the  sea- 
son, it  is 

79.  Tliat  no  more  than  al)ont  500,000  Musquash  be  shipped 
for  Europe  the  autumn,  estimated  as  follows : — say  Southern 
Department  Returns  Outfit  18o0  and  40,  183,000,  and  those 
of  Outfit  1841  supposed  to  amount  to  90,000;  likewise  Mc- 
Kenzie's  River  ]\[usquash  of  Outfit  1841  about  30,000,  and 
234,000  of  the  Northern  Department  Returns  of  Outfits  1839 
and  1840  now  in  store  at  York  Factory. 

80.  That  no  small  or  damaged  Musquash  be  shipped  for 
Europe  this  season,  as  such  only  swell  up  the  Returns,  cause 
expense  for  Insurance  and  other  charges,  and  in  the  end  realize 
little  or  nothing  in  the  English  Market. 

81.  That  the  usual  Winter  Packet  between  Moose  and 
York  Factory  be  discontinued ;  and  that  the  papers  necessary 
for  settling  the  annual  accounts  between  the  iS^orthern  and 
die  Southern  Departments  be  forwarded  from  York  in  suffi- 
c'ent  time  to  reach  Fort  Garry  before  the  despatch  of  the  Red 
River  Winter  Packet  for  Sault  Ste.  Marie  about  the  20th 
January;  the  said  papers  to  be  left  at  Michipic^ton  and  thence 
to  bo  forwarded  to  ^foose  by  the  first  convenient  opportuni^-y. 
That  the  papers  from  Moose  be  sent  by  the  usual  Winter  Packer 
to  ]\richipicoton  and  thence  to  York  by  the  Montreal  Spiiug 
Express   (^Tuoe. 

82.  That  the  Gentleman  in  Charge  of  Lake  Superior  Dis- 
trict be  instructed  to  forward  a  Packet  from  the  Sault  Ste. 
Marie  to  Red  River  on  the  1st  February,  with  all  the  letters 
and  papers  for  gentlemen  on  the  communication  to,  and  in 
the  I^orthern  De]iartment  that  may  be  collected  at  the  Sault 
or  elsewhere  within  his  charge  previous  to  that  date;  and  that 
no  other  express  be  forwarded  unless  rendered  necessary  by 
very  important  business. 

83.  That  a  Packet  for  England  be  sent  from  Red  River 
on  the  1st  November  via  St.  Peter-;,  if  anything  particular 
occurs,  and  that  a  duplicate  dispatch  together  with  any  such 
subsequent  iuformation  that  may  be  considered '  worthy  of 
notice  be  forwarded  by  Lac  La  Pluie  on  the  20th  January  next. 

84.  That  the  amount  of  the  Requisition  from  England  for 
shipment  181-3  do  not  exceed  £17,500,  say  £13,000  for  the 
.Xorthern  Dc]>:u-fmcnt  and  £4,500  for  Red  River  Settlement. 


PIONEER    LEGISLATION  849 

85.  That  the  following  Servants  be  engaged  for  the  North- 
ern Department,  from  Europe  under  5  years'  Contracts : — 

2  Blacksmiths  at  from  £25  to  £30  per  annum. 

8  Boatbuilders         "       £25  "  £30  " 

2  Coopers  "       £25  "  £30  " 

23  Labourers  "       £16  ''  £17  " 

30 

From  Canada  on  3  years'  Contracts : — 
20  Labourers  at  Prix  de  Poste. 

From  Red  River  on  3  years'  Contracts : — 
20  Labourers  at  Prix  de  Poste. 

86.  That  a  Commissioned  Gentleman's  Allowance  be  for- 
warded from  York  Factory  to  each  of  the  undermentioned 
Wesleyan  Missionaries : — 

Mr,  Evans,  Norway  House, 
Mr.  Mason,  Lac  La  Pluie, 
Mr.  Rundle,.  Edmonton. 

87.  That  the  following  Clerks  and  Postmasters  be  engaged 
for  the  term,  and  at  the  salaries  affixed  to  their  names  respec- 
tively : — 

Henry  Maxwell,  Clerk,  3  years,  £60  from  1st  June,  1841. 

Alexander  Christie,  Jr.,  Clerk,  3  years,  £75  from  1st  June, 
1842. 

Samuel  McKenzie,  P.M.,  3  years,  £30  from  1st  June,  1842. 

William  Hardisty,  App.  P.M.,  3  years,  £20  from  1st  June, 
1842. 

James  Pruden,  App.  P.M.,  5  years,  £20  from  the  1st  June, 
1842. 

Robert  Campbell,  Clerk,  Salary  to  be  increased  to  £100  per 
annum  from  1st  June,  1841,  to  1843. 

88.  That  the  following  Clerks  be  permitted  to  retire  from 
the  Service  this  season: — . 

Andrew  McPherson. 
William  Thew. 
Charles  Brisbois. 

The  impoverished  state  of  the  country  in  the  article  of 
Beaver  is  increasing  to  such  an  alarming  extent  that  it  becomes 
necessary  to  take  practical  measures  for  providing  an  imme- 
diate remedy,  it  is  Resolved 
28159--54 


850  CANADIAN    ARCHIVES 

89.  That  the  Gentlemen  in  Charge  of  Districts  and  Posts 
be  strictly  enjoined  to  discourage  the  hunting  of  Beaver  by 
every  means  in  their  power,  and  that  no  more  than  one  half 
the  number  collected  Outfit  1839  be  traded  during  the  Current 
and  ensuing  Outfits  at  the  undermentionel  Districts  and  Posts, 
viz: — 

Northern  Department. 

Athabasca — Port  Chippeywan,  Dunvegan,  Vermilion,  Great 
Slave  Lake.  McKenzie's  River — Port  Simpson,  Riv.  au  Liard, 
Ports  Good  Hope  &  Norman.  English  River — He  a  la  Crosse, 
Green  Lake,  Deer''s  Lake,  Rapid  River.  Saskatchewan — 
Jasper  House,  Lesser  Slave  Lake,  Cumberland,  Moose  Lake, 
Swan  River — Shoal  River.  ISTorway  House — Korway  House, 
ISTelson  River.  York  Pactory — York  Pactory,  Churchill  & 
Severn.     Oxford  House — Oxford  House,  Island  Lake. 

Southern  Department. 

Albany — Albany  Pactory,  Martin's  Palls,  Osnaburg,  Lac 
Seul.  Moose  —  Moose  Pactory.  Rupert's  River  —  Rupert's 
House,  Big  River. 

And  as  a  further  remedy  for  the  evil,  if  it  be  found  that 
gentlemen  disregard  this  instruction,  as  they  have  done  many 
others  issued  from  time  to  time  for  the  same  object,  it  is 
Resolved 

90.  That  the  Governor  and  Committee  be  respectfully  ad- 
vised to  give  notice  of  retirement  from  the  Service  to  such 
gentlemen  as  may  not  give  effect  to  the  spirit  and  letter  of  the 
Resolution  now  passed  for  the  preservation  of  Beaver. 

In  order  to  encourage  the  Indians  to  greater  exertions  in 
hunting  other  furs,  and  that  they  may  not  suffer  any  privation 
in  consequence  of  the  proposed  restrictions,  it  is  Resolved 

91.  That  all  Indians  at  posts  where  the  restrictions  exist, 
and  who  do  not  kill  beaver,  be  paid  in  goods  the  value  of  10 
skins  in  Made-Beaver  for  every  9  skins  in  small  furs  they  trade 
in  the  course  of  the  year. 

92.  That  Gentlemen  in  Charge  of  Districts  be  directed  to 
furnish  next  season  for  the  information  of  the  Governor  and 
Council  comparative  Statements  of  the  number  of  Beaver  pro- 
cured at  each  post  in  their  respective  districts  for  Outfits  39, 
40,  41  &  42. 

93.  That  dressed  leather,  robes  and  parchment  to  be  sup- 
plied the  Southern  Department,  as  follows,  to  be  packed  and 


PIONEEE    LEGISLATION  851 

invoiced  separately  at  York  Factory  and  shipped  for  Eng- 
land : — 

30  Buffalo  Eobes  at  7/  6d..  1200  large  dressed  Moose 
Skins  at  5/  6d. 

300  large  moose  Parchments  at  3/  6d.,  800  Ige.  dressed 
Reindeer  Skins  at  2/ 

94.  That  Resolutions  I^os.  88,  91,  92,  95,  98,  99  &  102 
of  Council,  June  1837,  and  Resolutions  Nos.  71,  73,  74,  78^ 
81,  82,  83,  86,  87,  93,  94,  95,  97,  99  &  100  of  Council  June 
1841  be  considered  in  force  for  the  Current  Outfit. 

In  accordance  with  the  Governor  and  Committee's  instruc- 
tions to  render  every  assistance  towards  increasing  the  collec- 
tions of  Mammalia  in  the  British  Museum,  and  promoting  the 
science  of  Zoology  generally,  it  is  Resolved 

95.  That  the  Gentlemen  in  Charge  of  Districts  and  Posts 
be  requested  to  collect  the  skins  of  such  of  the  animals  as  are 
mentioned  in  the  accompanying  letter  from  Mr.  Grey  as  may 
be  found  within  the  limits  of  their  respective  districts,  and  that 
such  specimens  be  forwarded  to  the  Governor  and  Committee 
by  the  annual  ship  to  England. 

96.  That  this  Council  do  now  adjourn. 

(Signed)     DUNCAN  FIISTLAYSON, 

Chief  Factor,  President. 
RODERICK  McKENZIE, 

Chief  Factor. 
DONALD  ROSS, 

Chief  Factor. 
J.  E.  HARRIOTT, 
WILLIAM  TODD, 
GEORGE  GLADMAN, 

Chief  Traders. 

Minutes  of  Council^  181^3. 

Minutes  of  a  temporary  Council  held  at  Red  River  Settle- 
ment Northern  Department  of  Ruperts  Land  which  commenced 
on  the  tenth  day  of  June,  One  Thousand,  Eight  Hundred  and 
Forty  Thr&e  for  the  purpose  of  establishing  such  Rules  and 
Regulations  as  may  be  considered  expedient  for  conducting  the 
business  of  said  Department;  and  in  order  to  investigate  the 
result  of  the  trade  of  last  year  conformably  to  the  provisions 
of  a  Deed  Poll  under  the  seal  of  the  Governor  and  Company  of 
Adventurers  of  England  trading  into  Hudson's  Bay  bearing 
28159—54^ 


852  CANADIAN    ARCHIVES 

date  the  sixth  day  of  June,  One  Thousand  Eight  Hundred  and 
thirty  four  at  which  were  present  the  followino'  members. 

Sir  George  Simpson,  Governor  in  Chief. 

John  R.  Rowand,  Chief  Factor. 

Duncan  Finlayson,  " 

Donald  Ross,  " 

William  Todd,  Chief  Trader. 

I^icol  Finlayson,  " 

Resolved  1.  That  the  rotations  of  Furlough  for  the  Cur- 
rent Outfit  be  in  favor  of  Chief  Factors  Duncan  Finlayson  and 
Peter  Skene  Ogden  and  Chief  Traders  John  Bell,  Thomas  Cor- 
coran and  John  McLean. 

2.  That  Chief  Factors  Duncan  Finlayson  and  Peter  Skene 
Ogden  not  being  desirous  of  availing  themselves  of  their  rota- 
tions of  Furlough,  they  be  transferred  to  Chief  Factors  George 
Keith  and  James  Keith,  and  that  Chief  Trader  John  Bell 
not  availing  himself  of  his  Rotation,  and  Chief  Traders 
Thomas  Corcoran  and  John  McLean  having  had  leave  of 
absence  for  the  past  Outfit,  thereby  anticipating  their  Rotation 
of  Furlough,  that  they  be  transferred  to  Chief  Traders  Alex- 
ander Fisher,  William  Todd  &  George  Barnstone. 

3.  That  the  rotations  of  Furlough  for  the  ensu- 
ing Outfit  be  considered  in  favour  of  Chief  Factors  Donald 
Ross,  and  James  Douglas  and  Chief  Traders  William  Glen 
Rae,  John  Swanston  and  Francis  Ermatinger. 

4.  That  leave  of  absence  be  afforded  for  the  Current  Out- 
fit to  Chief  Factor  Angus  Cameron. 

5.  That  the  following  appointments  tak^  place 

Districts  Chief  Factors.  Chief  Traders. 

McKenzics  River       John  Lee  Lewes        John  Bell 

John  McLean 

Athabasca  Colin  Campbell 

English  River  Roderick   ^McKenzie 

Saskatchewan  J.  Rowand  J,  E.  Harriott 

Swan  River  Cuthbert  Cnmniiniis 

Red  River  Dun.  Finlayson 

Lac  la  Pluie  ISTicol  Finlayson 

Xorway  House  Donald  Ross 

Yorkfactory  James  Hargrave 

Georo-e  Gl adman 


PIONEER    LEGISLATION  853 

Columbia  J.  McLoughlin  -Tohn  Work 

James  Douglas  Richard  Grant 

Arehd  McDonald       Donald  Manson 
Wm.  H.  MciN^eil 
Wm.  G.  Rae, 
Fras.  Ermatinger 
Charles  Ross 
ISTew  Caledonin  Peter  S.  Oeden  John  Tod. 

6.  Winter  Arrangements — 

Athabasca — Fort  Chippewyan,   Colin  Campbell,   C.T. 

F.  D.  Boucher,  App.  Clk. 
Dunvegan,  Fras.   Butcher,  Clk. 

Vermilion,  William   Shaw,   P.M. 

Gt.  Slave  Lake,        Wm.  McMurray,  App.  P.M. 

7.  That  3  Boats  and  '2'Z  men  including  the  Guide 
and  180  ps.  Goods  constitute  the  Current  Outfit  for  this  Dis- 
trict. 

8.  That  C.  T.  Campbell  accompany  his  Brigade  to  Norway 
House  Summer  1844  for  the  purpose  of  attending  to  the  busi- 
ness of  the  District ;  and  that  the  Clerks  and  Postmasters 
remain  inland  and  be  appointed  as  he  may  consider  expedient. 

9.  Summer   Arrangements — 

Athabasca — Fort  Chipjiewyau,  3  men  incl.  Intr. 

Dunvegan,  3     "  " 

Vermilion,  2     "  " 

Great  Slave  Lake.  2     "  " 

10.  That  Chief  Trader  Hargrave  take  the  necessary  steps 
to  prepare  and  forward  to  Norway  House  about  180  ps.  Goods 
for  Athabasca  Outfit  1844  by  Indians  or  Red  River  Carriers. 

11.  That  C.  F.  Ogden's  requisition  for  Leather,  parch- 
ment, &c.,  be  sent  from  Athabasca  Dist.  per  Current  Outfit. 

12.  Winter  Arrangements — 

McKenzies  River — Fort  Simpson,  J.  Lee  Lewes,  C.F. 

Gavin  W.  Hamilton,  Clk. 
Riv're  au  Liard,  A.  McBeatb,  P.M. 
Fort  Good  Hope,  John  McLean,  C.T. 

P.  Pambrun,  App.  P.M. 
Fort  Halkett,  A.   Christie,  Clk. 
Fort  Norman,  G.  Deschambault,  Clk. 
Peels  River.  John  Bell  C.T. 

James  Pruden,  App.  P.1\L 


854  CANADIAN    AKCHIVES 

Frances  Lake,  Robt.  Campbell,  Clk. 

Wm.  Hardisty,  App.  P.M. 

13.  That  300  pieces  Goods  in  5  Boats  manned 
by  36  men  exclusive  of  the  Guide;  30  of  whom  are  Red  River 
men  hired  for  the  Trip,  and  6  men  under  Contracts  as  regular 
servants  intended  for  the  District  constitute  the  Current  Out- 
fit. 

14.  That  Chief  Factor  Lewes  be  directed  to  extend  the 
trade  from  Peels  River  in  the  direction  of  Colviles  River  and 
continue  the  examination  of  the  Country  to  the  i^Torthward 
and  Westward  of  Frances  Lake,  but  to  report  thereon  before 
forming  any  Establishments. 

15.  Summer  Arrangements — 

McKenzies  River — Fort  Simpson,  2  men  inch  Interpr. 
Riv're  au  Liard,  2     "  " 

Fort  Good  Hope,  2  men  incl.  Interpr. 
Fort  Norman,  1  man. 
Fort  Halkett. 

Peels  River,     8  men]  p   ttt-  , 

Frances  Lake,  5  (    Summer  &  Winter. 

16.  That  Chief  Factor  LeM^es  accompany  his  Brigade  to 
Portage  la  Loche  Summer  1844;  and  that  the  Commissioned 
Gentlemen,  Clerks  &  Postmasters  remain  inland  and  be  ap- 
pointed as  he  may  think  expedient. 

17.  That  C.  T.  Hargrave  be  directed  to  prepare  and  for- 
ward in  course  of  this  Summer  about  300  ps.  Goods  to  ISTorway 
House  for  Outfit  1844;  the  same  to  be  transported  thence  to 
Portage  la  Loche  in  5  Boats  to  start  on  or  before  the  15th 
June  1844  manned  by  a  Guide  and  36  men,  of  whom  31  in- 
cluding the  Guide  to  be  engaged  for  the  trip  in  Red  River 
Settlement  and  6  Servants  under  engagements  of  not  less  than 
3  years  to  replace  any  that  may  retire  from  the  District. 

18.  Winter  Arrangements — 

English  River — Isle  a  la  Crosse,  R.  McKenzie,  C.  Factor. 
Rapid  River,       Saml.  McKenzie,  PrM. 
Green  Lake,         J.  Hodgson,  P.M. 
Deers  Lake,         An  Interpreter. 

19.  That  120  pieces  Goods  in  2  Boats  manned  by  15  men 
including  the  Guide  and  Indians  hired  from  English  River  con- 
stitute the  Current  Outfit  for  this  District. 


PIONEER    LEGISLATION  855 

20.  Summer  Arrangements — 

English  River — Isle  a  la  Crosse,  J.  Hodgson,  P.M.  &;  2  men. 
Rapid  River,  1  man. 

21.  That  the  usual  quantity  of  dried  Provisions  be  pro- 
vided and  forthcoming  for  the  outward  and  inward  Brigades. 
Spring  and  Summer,  1843. 

22.  Winter  Arrangements — 
Saskatchewan,  Edmonton,  J.  Rowand,  C.F. 

Peter  Ogden,  Clk. 
Carlton,  Patk.  Small,  Clk. 
Rocky    Mountain   Ho.,  J.  E.  Harriott,  C.T. 
A.  E.  Pelly,  App.  Clk. 
Wm.  Christie        do 
Lesser  Slave  Lake,  C.  McDougall,  Clk. 
Fort  Pitt,  John  Rowand,  Jnr.,  Clk, 
Jaspers  House,  Colin  Eraser,  P.M. 
Cumberland,  Heddle,  Interpreter. 
Moose  Lake,  Ballenden,       do 

23.  That  about  450  pieces  Goods  in  9  Boats  manned  by 
43  Servants  belonging  to  the  District  constitute  the  Current 
Outfit;  and  that  the  Crew  be  made  up  of  ingoing  Servants 
belonging  to  the  Columbia  and  ISTew  Caledonia  Districts. 

24.  That  the  following  provisions  and  other  Country  Pro- 
duce be  provided  by  this  District  and  brought  to  ITorway  House 
next  Summer  Viz : 

12  new  Boats. 

50  Bales  dried  Meat. 
100  Bags  Pemican,  ea.  90  lb. 

70  Bags  Fine  Pemican,  ea.  45  lb. 
500  Prs.  tracking  Shoes. 

30  Good  Leather  Tents. 

25.  That  120  Bags  Pemican  and  the  usual  quantity  of 
Country  Produce  be  deposited  at  Cumberland  House  next 
Summer  for  the  use  of  the  Brigades  passing. 

26.  That  a  Boat  and  2  men  be  left  at  York  Factory  for  the 
purpose  of  conveying  a  Boatbuilder  &  12  Labourers  of  the 
Servants  coming  by  the  Ship  from  England  inland ;  the  Boat- 
builder  to  be  attached  to  the  Saskatchewan  District  and  the 
Labourers  to  be  brought  to  the  Depot  next  Spring. 


856  CANADIAN    ARCHIVES 

27.  Summer  Arrangements — 

Saskatchewan — Edmonton,  John  Rowand,  Jnr.,  &  12  men. 
Carlton,  Patk.  Small  &  7  men. 
Lesser  Slave  Lake,  G.  McDougall  &  2  men. 
Fort  Pitt,  Peter  Ogden  &  4  men. 
Jaspers  House,  C.  Eraser  and  1  man. 
Cumberland,  A  Labourer  (W.  Heddle  and  J 
man). 

28.  That  Chief  Factor  Rowand  be  authorized  to  make  the 
Winter  &  Summer  appointments  of  the  Commissioned  Gentle- 
men, Clerks,  &  Postmasters  in  this  District  as  he  may  consider 
expedient. 

29.  Winter  Arrangements — 

Swan  River — -Fort  Pellj,  Cuthbert  Cummings,  C.T. 
Fort  Ellice,  J.  McKay  and  7  men. 
Manitobah,  An  Interpreter. 
Shoal  River,  do 

30.  That  about  180  pieces  Goods  in  3  Boats  and  15  voyag- 
ing Servants  constitute  the  Outfit  for  this  District,  100  ps.  of 
these  Goods  for  Fort  Pelly,  Manitobah  and  Shoal  River  and 
the  remainder  to  be  forwarded  partly  on  freight  to  Red  River 
Settlement  for  the  trade  of  Fort  Ellice,  the  crews  of  the  Boats 
to  be  made  up  to  6  men  each  by  Trippers  hired  for  the  voyage- 
Si.   That   C.   T.   Cummings  take  to  l^orway  House  next 

Spring  20  good  Leather  Tents  and  30  Bushels  Salt  for  distri- 
bution ;  and  that  he  take  the  necessary  steps  to  provide  100 
Bushels  Salt  for  the  use  of  Red  River  Settlement  deliverable 
at  the  IvTorth  end  of  Manitobah  Portage ;  the  price  not  to  exceed 
8/  per  Bushel. 

32.  Summer  Arrangements — 

Swan  River — Fort  Pelly,  3  men  inch  Intr. 

Fort  Ellice,  J.  R.  McKay  &  7  men. 
Manitobah,  An  Interpreter. 
Shoal  River,  A  Labourer. 

33.  Red  River— Fort  Garry,  Dun.  Finlayson,  C.F. 

Richard  Lane,  Clk. 

Robert  Clouston,  Clk. 

James  Grahame,  App.  Clk. 
Lower  Fort,  John  Black,  Clk. 
Recorder  of  Rupert's  Land,  Adam  Thorn. 
Warden  of  the  Plains,  Cuthbert  Grant. 
Surveyor,  George  Taylor. 


PIONEEK    LEGISLATION  857 

34.  That  the  following  supplies  be  provided  at  the  Colony 
for  exportation  to  IS'orway  House  Summer  1844  made  up  iu 
sound  and  transportable  packages  and  purchased  at  the  usual 
prices. 

35  Bush,  rough  Barley. 

3  "     French  Beans. 

12  Cwt.  Good  Corn  Beef. 

50     "     Biscuit. 

34  Oak  Boards,  13  ft.  long  7  x  |-in.  Board. 
8  Oak  boards,  15         "         8  x  |       " 

60  Firkins  Butter,  56  lb.  ea. 

10  Half  Firkins  Butter,  28  lb.  ea. 
6  Maccarons  Butter. 
240  lb.  Cheese. 

10  Bu.  Indian  Corn. 

15  Kegs  Eggs. 
600  Cwt.  best  dried  Flour  1st  &  2nd  Quality. 

2  Casks  salt  Cabbage. 
200  Cwt.  best  kiln-dried  flour  1st  quality. 

60  Hams. 

50  Bales  dried  Meat. 
500  Bags  Com.  Pemican. 

45  Cwt.   Salt  Pork. 

4  Bus.  Onions. 
200  Portage  Straps. 

100  Prs.  best  Portage  Shoes. 
10  assortmts.  Garden  Seeds. 
1  Keg  Salted  Suet. 
1000  White  Oak  Heading,  for  8  Gal.  Kegs,  26  in.  long,  4  x 
f-in.  wide. 
300       "     Oak  Headings,  for  24  Gal.  Kegs,  20  in.  long,  6^ 
X  1-in.  wide. 
In  order  to  afford  a  market  to  a  certain    extent    to    the 
Agriculturists  of  Eed  River  Sett't,  it  is  Resolved 

35.  That  C.  F.  Finlayson  be  instructed  to  purchase  to  the 
extent  of  2000  Bushels  sound,  clean  Wheat  and  to  have  the 
same  kiln  dried. 

A  very  improper  and  irregular  practice  having  been  dis- 
covered to  obtain  of  Commissioned  Gentlemen  and  Clerks  in 
the  Service  making  purchases  of  Flour  &c.  at  Red  River  from 
private  Indi^dduals,  the  same  being  conveyed  from  ]N"orway 
House  to  the  District  in  the  Company's  Craft  free  of  charge 
from  Freight,  it  is  Resolved 


858  CANADIAN    ARCHIVES 

36.  That  no  such,  private  purchases  shall  in  future  be 
freighted  in  the  Company's  Craft  on  any  consideration. 

37.  That  a  Guide  and  30  men  for  McKenzies  River  trans- 
port and  the  Fall  freight  from  York  Factory  to  Red  River  be 
employed  at  £2'5  to  the  Guide,  £16  to  the  Steersman,  £14  to 
the  Bowsman  and  £12  to  the  Middleman. 

38.  That  the  Lake  Winipeg  Vessels  be  laid  up  at  Red 
River  for  the  Winter ;  and  the  crews  employed  as  C.  F.  Finlay- 
son  may  consider  expedient. 

39.  Winter  Arrangements — 

Lac  la  Pluie — Ft.  Alexander,  IST.  Finlayson,  C.F. 
Fort  Frances,  Wm.  Sinclair,  Clk. 
Rat  Portage,  Dond.  McKenzie,  Clk. 

Lac duBois Blanc,  J.  Isbister,  P.M. 

40.  That  not  exceeding  220  ps.  Goods  with  a  complement 
of  10  voyaging  Servants  constitute  the  Current  Outfit;  these 
Goods  to  be  taken  from  the  Factory  in  3  Boats  manned  by  a 
Guide  and  the  10  voyaging  Servants  assisted  by  11  Indians 
belonging  to  the  District  to  be  employed  for  the  trip. 

41.  That  the  sum  of  £300  Sterg.  be  paid  by  draft  on  the 
Govr.  &  Committee  to  Ramsay  Crooks  Esqre.  in  consideration 
of  the  opposition  having  been  withdrawn  from  the  frontiers 
of  Lake  Superior,  Lac  la  Pluie  and  Red  River  Districts,  con- 
formably to  the  terms  of  an  agreement  entered  into  between 
the  Hudsons  Bay  Company  and  the  American  Fur  Company; 
the  said  amount  to  be  charged  to  Lac  la  Pluie  District  Outfit 
1842. 

42.  That  8  Kegs  Spirits  be  furnished  Lac  la  Pluie  for  the 
Current  Outfit  to  be  given  as  gratuities  to  the  Indians  of  Fort 
Frances,  Rat  Portage,  and  Lac  du  Bois  Blanc. 

43.  Summer  Arrangements — 

Lac  la  Pluie — Fort  Frances,  3  men  inch  Interpreter. 
Ft.  Alexander,  2  men  inch  Interpreter. 
Rat    Portage,    2  men  incl.  Interpreter. 

44.  That  it  be  discretionary  with  C.  T.  Finlayson  to  make 
the  necessary  Summer  appointments  of  the  Clerks  and  Post- 
masters remaining  inland. 

45.  Winter  Arrangements — 

Norway  House — ITorway  House,  Donald  Ross,  C.F. 

Bernard  Ross,  App.  Clk. 

and  7  men. 


PIONEER    LEGISLATION  859 

Berens  River,    Robt.  Cummings,  P.M. 

and  2  men. 
Nelson  River,     John  Isbister,  P.M.  &  2  men. 

46.  That  2  voyaging  Servants  belonging  to  this  District 
assisted  by  26  Indians  to  be  engaged  for  that  purpose  be  em- 
ployed to  make  2  trips  to  York  Factory  with  4  Boats  carrying 
70  pieces  each  p.  trip  upwards;  g,nd  that  110  ps.  Goods  con- 
stitute the  Outfit  of  this  District. 

47.  That  the  6  Servants  intended  for  McKenzies  River  be 
stationed  at  ITorway  House,  together  with  6  supernumeraries; 
there  to  pass  the  Winter  for  distribution  next  year. 

48.  Summer  Arrangements — 

Norway  House — Nor^vay  House,  Donald  Ross,  C.F. 

Bernard  Ross,  App.  Clk. 

and  7  men. 
Berens  River,  R.  Cummings,  P.M.  &  1  man 
Nelson  River,     J.  Isbister,  P.M.  &  1  man. 

49.  Winter  Arrangements — 

York — ^York  Factory,  James  Hargrave,  C.F. 

Wm.  McTavish,  Clk. 

Wm.  D.  Gillespie,  Surgeon. 

Robt.  Ballantyne,  App.  Clk. 

Thomas  Charles,  App.  Clk. 

Robert  Wilson,  P.M. 
Churchill,  Robert  Harding,  Clk. 
Severn,  An  Interpreter. 
Trout  Lake,  Wm.  McKay,  P.  M. 
Oxford  House,  George  Gl adman,  C.T. 
Island  Lake,  James  Harrold,  Intr. 

50.  That  notwithstanding  the  appointment  of  Chief  Trader 
Gladman  to  Oxford  House,  it  is  to  be  understood  that  he  shall 
pass  the  Summer  at  York  Factory  for  the  purpose  of  attending 
to  the  Fur  Stores. 

51.  That  30  men  including  Mechanics  and  the  crew  of  the 
Frances  Schooner  constitute  the  Winter  and  Summer  Estab- 
lishment of  York  Factory. 

52.  That  6  men  constitute  the  Winter  and  Summer  Estab- 
lishment of  Churchill  with  an  Outfit  amounting  to  about  90 
ps.  Goods  and  Provisions  to  be  transported  from  York  Factory 
during  the  Summer  in  the  Frances  Schooner. 


800  CANADIAN    ARCHIVES 

53.  That  not  exceeding  50  pieces  Goods  with  the 
necessary  quantity  of  Provisions  and  a  complement  of  9  Ser- 
vants besides  the  persons  in  charge  constitute  the  Current  Out- 
fit for  Severn  and  Trout  Lake  to  be  conveyed  in  2  Boats  manned 
by  the  Servants  of  the  Post  and  Indians. 

54.  That  Chief  Trader  Hargrave  be  authorized  to  employ 
2  additional  Boats  manned  by  14  York  Factory  Indians  in 
transport  between  York  Factory  and  Norway  House;  that  the 
iTorway  House,  Oxford  House,  and  York  Factory  Freight 
Boats  be  laden  with  70  pieces  Goods  for  N^orway  House;  those 
Goods  to  consist  of  the  usual  Outfits  and  other  Goods  to  be 
deposited  at  Norway  House  for  distribution. 

55.  That  Mr.  Gladman  be  directed  to  employ  4  Boats 
manned  by  28  Indians  and  a  Guide  in  performing  a  double 
trip  between  the  Depot  and  Norway  House  in  the  transport  of 
Goods  and  Eeturns,  the  lading  of  each  Boat  upwards  to  be  70 
pieces  and  downwards  65  pieces,  5  of  which  to  be  left  at  Oxford 
and  the  remaining  60  pieces  p.  Boat  to  be  delivered  at  York 
Factory. 

In  consequence  of  the  loss  sustained  last  year  by  the  de- 
struction by  fire  at  the  usual  place  of  deposit  of  the  Island  Lake 
Outfit  and  Eeturns  and  to  prevent  a  recurrence  of  this  in  future 
it  is  Resolved 

56.  That  the  practice  of  leaving  such  Outfits  and  Returns 
in  deposit  be  discontinued  and  that  they  be  conveyed  to  Oxford 
House,  from  thence  be  forwarded  either  to  York  Factory  or 
the  Post. 

57.  Summer  Arrangements — 

Island  Lake — Oxford  House,  J.  Harrold  and  1  man. 
Island  Lake,  A  Labourer. 

58.  Columbia  Arrangements — 

Fort  Vancouver — John  McLoughlin,  C.F. 

Dugald  McTavish,  Clk. 

Forbes  Barclay,  Surgeon. 

A.  L.  Lewes,  Clk. 

David  McLoughlin,  App.  Clk. 

Thomas  Lowe,  App.  Clk. 

D.  Harvey,  Miller. 
Fort  George — -James  Birnie,  Clk. 
Nisqually — Angus  McDonald,  Clk. 
Cowelitz — Charles  Forrest,  P.Mr, 
Fort  Langley — James  M,  Yale,  Clk. 


PIOIiTEER    LEGISLATION  80  I 

Fort  Simpson—John  Work,  C.T. 

John  Kennedy,  Clk. 
Umpqua —  Paul  Fraser,  Clk. 

Buena  Venture  Expedn. — Michel  Leframboise,  P.M. 
Snake  Expedition,  Fort  Hall — Richard  Grant,  C.T. 

Angus  McDonald,  P.M. 
Fort  Borssie — Francis  Payette,  P.M. 
Fort  Colvile— Archd.  McDonald,  C.F. 
Flat  Heads — John  McPherson,.P.M. 
Coutonais — Patrick  McKenzie,  App.  P.M. 
Thompsons  River — John  Tod,  C.T. 

•Dun.  Cameron,  P.M. 
Okanagan — An  Interpreter. 
ISTez  Percez — Archd.  McKinlay,  Clk. 

William  Todd,  P.M. 
Stikine — Charles  Dodd,  Clk. 

G.  Bleakinsop,  P.M. 
Straits  of  de  Fuca — James  Douglas,  C.F. 
Charles  Ross,  C.T. 
Rodk.  Finlayson,  Clk. 
Sandwich  Islands — George  Pelly,  Agent. 
George  T.  Allen,  Clk. 
Disposable— Wm.  Glen  Rae,  C.T. 

Francis  Ermatinger,  C.T. 
Wm.  F.  Tolmie,  Surgeon. 
H.  N".  Peers,  App.  Clk. 
Beaver  Steamer — Wm.  Brotchie,  Master. 
J.  Carless,  Engineer. 
Wm.  Mitchell,"lst  Mate. 
Vancouver — ^Duncan,  Master, 

James  Sangster,  1st  Mate. 
Oxley,  2nd  Mate. 
Columbia — J.  Humphrey,  Master. 
1st  Mate. 
2nd  Mate. 
Cadboro — James  Scarboro,  Master. 
Alexr.  Lattie. 

Cowlitz— Wm.  H.  McNeil,  C.T. 

William  Heath,  1st  Mate. 
J.  Heald,  2nd  Mate. 


862  CANADIAN    AKCHIVES 

New  Caledonia — Stuarts  Lake,  Peter  S.  Ogden,  C.F. 

Henry  Maxwell,  Clk. 
McLeods  Lake,  A.  C.  Anderson,  Clk. 
Erasers  Lake,  Wm.  F.  Lane,  Clk. 
Alexandria,   Donald  Manson,   C.T. 
Fluz-cuz,  Donald  McLean,  Clk. 
Conollys  Lake,  William  McBean,  Clk. 
Fort  George,  William  Porteous,  Clk. 
Babines,  Wm.  Mcintosh,   Clk. 

59.  That  Chief  Factor  McLoughlin  for  the  Col- 
umbia and  Chief  Factor  Ogden  for  New  Caledonia  be  instruct- 
ed to  follow  up  without  deviation  the  foregoing  appointments 
as  far  as  circumstances  may  admit. 

60.  That  H.  N.  Peers  App.  Clk.  with  the  Guide  and  10 
Servants,  as  many  of  them  Boutes  as  possible,  to  be  selected 
by  C.  T.  Hargrave  be  forwarded  to  the  Columbia  District  and 
accompany  the  Saskatchewan  Bi'igade  under  the  charge  of  C. 
T,  Harriott  from  the  Depot  to  Edmonton  from  thence  proceed 
under  the  charge  of  Mr.  Peers  to  Vancouver  unless  he  may 
receive  further  instructions  from  Mr.  McLoughlin  en  route 
by  which  he  will  regulate  his  movements.  Of  these  Servants 
2  to  be  Blacksmiths  and  2  Coopers  if  any  such  be  disposable, 
if  not,  those  tradesmen  coming  out  by  the  Ship  this  season 
to  be  forwarded  next  season  to  the  Columbia. 

61.  That  the  Gentlemen  in  charge  of  the  Columbia  be 
instructed  to  send  to  York  Factory  in  the  Spring  of  every  year 
with  the  accounts  an  intelligent  officer  conversant  with  them, 
qualified  to  enter  into  explanations,  and  to  give  information 
on  such  points  as  may  not  be  sufficiently  reported  in  the  public 
correspondence;  that  Mr.  Dugald  McTavish  be  sent  out  with 
the  Accounts  next  year  and  be  relieved  in  the  Office  Depart- 
ment by  Mr.  Thomas  Lowe  who  will  be  required  to  come  out 
with  the  accounts  in  the  year  1845. 

62.  That  C.  F.  Ogden  having  expressed  a  desire  to  obtain 
leave  of  absence  or  an  exchange  of  Furlough  next  year,  it  is 
resolved  that  the  same  be  afforded  him,  but  this  cannot  be 
assured  him  beyond  the  ensuing  year. 

63.  That  the  new  Establishment  to  be  formed  on  the  Straits 
de  Fuca  to  be  named  Fort  Victoria  be  erected  on  a  scale  suffi- 
ciently extensive  to  answer  the  purposes  of  the  Depot;  the 
square  of  the  Fort  to  be  not  less  than  150  yards;  the  buildings 
to  be  substantial  and  erected  as  far  apart  as  the  grounds  may 
admit  with  a  view  to  guarding  against  fire. 


PIONEER    LEGISLATION  863 

64.  That  Chief  Factor  Koss  be  directed  to  take  the  neces- 
sary steps  to  provide  and  forward  3000  prime  Otters  by  the 
Columbia  Brigade  this  season,  for  the  purpose  of  meeting  our 
contract  with  the  Kussian  American  Company ;  and  that  C.  T. 
Harriott  &  Mr.  Peers  be  particularly  enjoined  to  use  their 
utmost  endeavors  to  guard  against  soil  and  damage  of  any  kind 
during  the  voyage, 

65.  That  C.  T.  Hargrave  take  measures  to  get  conveyed 
to  York  Factory  next  Spring  all  the  prime  Otter  Skins  pro- 
cured at  Severn  during  the  current  Outfit  for  the  purpose  of 
being  sent  to  the  Columbia  by  the  Saskatchewan  Brigade. 

66.  That  an  allowance  of  £100  be  made  to  Mr.  John  Mac- 
Calliun  in  aid  of  the  Boarding  School  under  his  management 
for  the  Current  Outfit. 

67.  That  an  allowance  of  £100  be  made  to  Dr.  Bunn  for 
medical  attendance  at  the  Company's  Establishments  at  Eed 
Eiver,  and  on  the  retired  Servants  who  cannot  afford  to  pay 
for  such,  as  well  as  other  pauper  Settlers  for  the  Current 
Outfit. 

68.  That  an  allowance  of  £100  with  the  usual 
supplies  of  tea,  Sugar  &c.  be  made  to  the  Catholic  Mission 
at  Red  River  Sett't  for  the  Current  Outfit. 

69.  That  an  allowance  of  £100  be  made  to  the  Catholic 
Mission  under  the  superintendence  of  Mr.  Blanchard  in  the 
Columbia  District  for  the  Current  Outfit. 

70.  That  no  other  than  full  sized  Spring  Rats  be  traded 
and  that  10  be  considered  equal  to  a  Made  Beaver  at  all  the 
Districts  and  Posts  in  the  Northern  Department. 

71.  That  the  amount  of  Requisition  from  England  for 
Shipment  1844  do  not  exceed  £11000  for  the  Northern  Depart- 
ment and  £4000  for  the  Red  River  Settlement,  the  latter  to 
be  packed  up  separately. 

72.  That  the  annexed  scale  of  Freight  and  passage  money 
be  adopted  and  considered  a  standing  Regulation  until  altered 
or  rescinded. 

It  being  observed  that  the  Company's  Craft  are  frequently 
made  the  means  of  conveying  Strangers  totally  unconnected 
with  the  business,  it  is  Resolved 

73.  That  Chief  Factor  McLoughlin  be  instructed  not  to 
permit  passages  to  be  given  in  any  of  the  Company's  craft  to 
any  stranger  of  whatever  rank  or  profession  he  may  be,  to  or 
from  anv  part  of  the  Country  or  Coast. 

74.  That  the  following  Servants  be  engaged  for  the  North- 
ern Department. 


804  CANADIAN    ARCHIVES 

From  Europe  on  5  years'  Contracts — 

^       1  Blacksmith  @  £25  to  £30. 

1   Boatbiiilder  "     25  "     30 

18    Labourers      "     16  "     17 

From  Canada  on  3  years'  Contracts — 
20  Labourers  @  £16  to  £17. 

From  Red  River — 

20  Labourers  @  £16  to  £17. 

In  order  to  remove  any  misapprehension  that  may  exist  as 
to  the  footing  on  which  the  Gentlemen  connected  with  the  Wes- 
leyan  Missionary  Society  are  intended  to  be  placed  at  the  Com- 
pany's Establishments,  it  is  Resolved 

75.  That  Board  and  Lodging  be  afforded  to  the  different 
Wesleyan  Missionaries  at  the  establishments  at  which  they 
are  stationed  in  like  manner  as  provided  for  Commissioned 
Gentlemen:  If  single,  to  eat  at  the  public  Mess  table,  but  fam- 
ily men  to  live  apart  in  houses  to  be  provided  specially  for  their 
accommodation.  Each  Missionary  to  be  provided  with  the  like 
allowance  of  luxuries  as  given  to  Commissioned  Gentlemen  in 
the  Service.  That  passages  be  afforded  the  Missionaries  in  the 
Company's  Craft  from  one  part  of  the  Country  to  another;  In 
cases  where  the  Company  have  no  Craft,  a  special  conveyance 
be  provided  for  their  use,  but  not  otherwise,  such  conveyance 
to  be  a  canoe  manned  by  3  persons,  the  superintendent  only  to 
be  provided  with  the  means  of  conveyance  by  Winter  travelling 
to  be  attended  by  not  more  than  2  men. 

76,  That  all  purchases  made  by  the  Wesleyan  Missionaries 
at  the  Companys  Stores  be  charged  them  at  the  Servants  Tariff 
when  such  purchases  are  made. 

77.  That  a  Commissioned  Gentleman's  allowance  be  for- 
warded from  York  Factory  to  each  of  the  undermentioned  Gen- 
tlemen 

Mr.  Evans  Mr.  Mason 

Mr.  Run  die  Mr.  Jacobs 

78,  That  the  following  Clerks,  and  Postmasters  be  engaged 
for  the  terms  and  salaries  affixed  to  their  names  respectively. 


PIONEER    LEGISLATION  SOT* 

Clerks. 


Campbell,  Kobert 

£100 

foi 

3yr 

s.  from 

June  1842 

Christie,  Alexander, 

Junr.  100 

'■' 

3 

Clouston,  Robert 

75 

3 

Deschambeanlt,  George 

100 

3 

Fraser,   Paul 

100 

3 

Finlayson,   Roderick 

75 

3 

Lane,  Richard 

75 

o 
O 

McBean,  AVilliam 

75 

O 

McKenzie,  Donald 

100 

o 

McKinlej,  Archd 

100 

3 

Ogden,  Peter 

50 

3 

Rowand,  John,  Jnr. 

100 

•  ) 

Sinclair,  William 

100 

•:> 

'" 

Postmasters 

Hodgson,  Thomas  @  £40  for  3  yrs.  " 

:rom  June  184S 

1. 

Isbister,  John                40 

a 

3       " 

a          a 

Shaw,  William             40 

a 

3       " 

a         a 

79.  That  the  following  Clerks  and  Postmasters  be  allowed 
to  retire  from  the  Service,  the  present  Outfit. 

Henry  Fisher,  Clk. 

William  Thew,  Clk. 

John  O'Brien,  Clk. 

Hector  McKenzie,  App.  P.M. 
And  that  A.  E.  Pelly,  Clk.  be  permitted  to  retire  next  year 
1844. 

The  impoverished  state  of  the  Country  in  the  article  of 
Beaver  is  increasing  to  such  an  alarming  extent  that  it  becomes 
necessary  to  take  effectual  measures  for  providing  an  immediate 
remedy  to  that  end,  it  is  Resolved 

80.  That  the  Gentlemen  in  charge  of  Districts  and 
Posts  be  strictly  enjoined  to  discourage  the  hunting  of  Beaver 
by  every  means  in  their  power,  and  that  not  more  than  half  the 
number  collected  Outfit  1839  be  hunted  during  the  Current  and 
succeeding  Outfits  at  the  undermentioned  Districts  and  Posts. 

Northern  Department. 

Athabasca — Fort  Chippewyan. 
Dunvegan. 
Vermilion. 
Great  Slave  Lake. 
28159—55 


866  CANADIAN    ARCHIVES 

McKenzies  River — Fort  Simpson. 

Rivre.  au  Liard. 
Fort  Good  Hope. 
Fort  Norman. 
English  River — Isle  a  la  Crosse. 
Green  Lake. 
Deers  Lake. 
Rapid  River. 
Saskatchewan — Fort  Assineboine. 
Jaspers  House. 
Lesser  Slave  Lake. 
Cumberland. 
Swan  River — Shoal  River. 
Norway  House — Norway  House. 

Nelson  River. 
York — ^York  Factory. 
Churchill. 
Severn. 

Oxford  House. 
Island  Lake. 

Southern  Department. 

Albany — Albany  Factory. 
Martins  Falls. 
Osnaburg. 
Lac  Seul. 
Moose — Moose  Factory. 
Rupert's  House. 
Big  River. 

In  order  to  encourage  the  Indians  to  greater  exertions  in 
hunting  other  furs,  and  that  they  may  not  suffer  any  privation 
in.  consequence  of  the  proposed  restrictions,  it  is  Resolved 

81.  That  all  Indians  at  Posts  where  the  restrictions  exist 
and  who  do  not  kill  Beaver,  be  paid  in  Goods  the  value  of  10 
Skins  of  Made  Beaver  for  every  9  Skins  in  small  Furs  they 
trade  in  course  of  the  year. 

82.  That  Gentlemen  in  charge  of  Districts  be  directed  to 
furnish  next  Season  for  the  information  of  the  Governor  & 
Council,  comparative  statements  of  the  number  of  Beaver  pro- 
cured at  each  Post  in  their  respective  Districts  for  Outfits  1839, 
1840,  1841,  1842,  and  1843. 


PIONEEK    LEGISLATION  867 

83.  That  the  following  dressed  Leather  &c  be  supplied  the 
Southern  Department  to  be  packed  &  Invoiced  separately  at 
York  Factory  and  Shipped  for  England 

1000  large  dressed  Moose  Skins  @  7/6 
200      "      Parchment  do     "  3/6 

800      "      Eeindeer  do     "  2/ 

20  Cwt  Grease  or  Tallow  in  kegs  f  or  1  Cwt. 

84.  That  the  annexed  Standing  Rules  &  Regulations 
numbered  one  to  sixty  and  dated  Red  River  Settlement 
17th  June  1843  be  considered  in  full  force  until  altered  or  re- 
scinded; and  that  the  former  Standing  Rules  be  hereby  an- 
nulled. 

85.  That  this  Council  do  now  adjourn 

(Sigd)     George  Simpson,  Governor  in  Chief. 

John  Rowand  C.F. 

Dun.  Finlayson  C.F. 

Donald  Ross  C.F. 

William  Todd  C.T. 

Nicol  Finlayson  C.T. 
Red  River  Settlement  \ 
19th  June  1843.  J' 


FREIGHT   AND   PASSENGER  RATES. 

These  are  the  freight  and  passenger  rates  referred  to  in 
Resolutions  N'os.  72  &  73  of  the  Minutes  of  Council  of  1843. 

Scale  of  Freight  and  Passengers  and  Goods  per  Hudson's 
Bay  Company's  Vessels. 

Per  Hudson's  Bay  vessels : — 

Freight  on  Goods  to  Officers  and  Servants  £8  Stg.  per  Ton. 
"  Red    River    Settlers, 

payable     before 
shipment    ....     8        «     «     « 
Passengers  Out     £8,  Home  £6 

under  15  G  3 

"10  4  2 

20/ — (shillings)  less  if  embarked  at  Stromness. 
10/ —  "  less  if  landed  at  Stromness. 

28159—551 


668  CANADIAN    ARCHIVES 

Per  Columbia  vessels: — 

Freight  on  Goods  to  Russian  American  Com- 
pany, payable  by  Bill  on  St. 
Petersburg!!  sixty  days  after 
sight,  on  delivery  of  Goods 
at  Stikine  £10.  per  Ton 

Do  to  Officers  and  Servants  8     "     " 

Do  to  The  Puget  Sound     Com- 

pany,   including  water  casks 
and  provender  G     ''     " 

Cabin  Passengers  above  12  £40 

Do  under  12  £20 

One  half  (of  which)  to  Captain  for  extra  Cabin 

allowances  to  be  furnished  by  him. 
Steerage  Passengers  above  12  £20 

Do  under  12  £10 

To  All  Other  Persons — 

Freight  on  Goods  £10  per  Ton 

Passengers  in  Cabin  above  12  years  £50 

Do  under  12  £25     . 

Passengers  in  Steerage  above  12  years  £25 

Do  under  12       "  £12.10/ 

These  rates  apply  to  persons  landed  or  embarked  at  the  Colum- 
bia River,  as  well  as  those  landed  or  embarked  at  the  Sand- 
wich Islands. 

Freight  on  Goods  landed  at  the  Sandwich  Islands  £9  per  Ton. 
Scale  of  Passage  Money  by  the  Hudson's  Bay  Company's  ves- 
sels between  the  Sandwich  Islands  and  the  Columbia  River, 

Per  Diem. 

Cabin. — Missionaries,  male  or  female,  to  or  from  Oaku 

or  elsewhere  $2.50 

Children  between  the  ages  of  8  &  12  years  2.00 

Do                                         5  &    8  1.50 

Do       under  5  years  1.00 

Cabin. — All  Other  Passengers,  between  above  places  3.00 

Children  8  to  12  years  2.50 

Do       5  to    8  2.00 

Do       under  5  1.00 

Steerage  for  above  classes  $2-$1.50-$1.25,  and  $1  per  diem 


PIONEEE    LEGISLATION  869 

Between  Decks. — All  passengers — Missionaries  and  others  for 
above  classes  $1.50,  $1.25,  $1.00,  and  $0.75  per  diem. 

No  Agent  shall  be  at  liberty  to  grant  passages  in  any  of  the 
Company's  Vessels  under  any  consideration^  without  special 
Authority. 

Freight  on  Goods  between  Sandwich  Islands  and 

Fort  Vancouver  $20  per  Ton. 

Do  California   and    Fort 

Vancouver  $15    " 

Do  .    California  and   Sand- 

wich Islands  $15    " 


870 


CANADIAN    ARCHIVES 


(For  l^OTwaj  House.) 
Estimated  Requisition  of  Country  Produce  for  Outfit  1845. 


i 

ni 

P^ 

PM 

'4 

(J 

w 

w 

pR 

eg 

xn 

W 

iJ5 

3 

S 

S 

a 

"eS 

'A 

o 

> 

t 

o 

u 

u 

u 

C 

o 

fe 

p=( 

ft, 

Er 

H 

tH 

tN 

Ph 

H 

10 

10 

Bark,  birch  (canoe), bottom. 

3 

3 

Rolls. 

Beans.  French.    .  . .   Bush. 

10 

10 

3 

""io 

3 

12 

I2I  Boats,  inland Each. 

10 
2 

2 

12 

12 

12 

Beef,  corned Cwt. 

12 

3 

3 

ii      smoked m 

1 

2 

3 

30 

50 

30 
50 

Barley,  rough  . ....  Bush. 
Biscuit,  fine Cwt. 

30 

50 

30 

50 

60 

60 

Boards,  oak,  12^  ft. 
7x|  in Each. 

44 

16 

60 

10 

]0 

Boards,  oak,  15  ft., 
8x|  in. (for  sleds).       n 

6 

4 

10 

70 

70 

Butter,  salt,  501b  .  .Firkin. 

33 

2 

35 

70 

10 
6 

10 
6 

„        28     M     .   .             M 

„     10  ,. 

10 

10 

220 

220 

Tinnets  or  Maccaroons. 
Cheese,  sweet  milk  6 

6 

6 

lbs lbs. 

70 

150 

220 

10 
15 

10 
15 

Corn,  Indian,hulled  Bush. 
Eggs Kegs. 

10 
10 

10 

5 

15 

200 

200 i Flour,  1st  quality..    Cwt. 

150 

50 

200 

550 

550,  Flour,  1st  and  2nd 

quality    Cwt. 

900 

50 

300 

550 

3 

3 

6 
50 

Grease,  soft i 

Hams Each. 

3 
35 

3 
15 

6 

50 

50 

40 

20 

50 

110 

Meat,  dried baled . 

100 

5 

5 

110 

100 

70 

400 

570 

Peniican,   common. 

90  lb Bags. 

950 

70 

270 

570 

50 

10 

60 
70 

Pemican,  fine,  45  lb.       m 
Pork,  salted. Cwt. 

38 
30 

2 

20 
40 

60 

70 

70 

8 

8 

Onions Bush. 

2 

6 

8 

32 

32 

Salt(Winipegoosis).      n 

.SO 

? 

32 

2,500 

2,500 

Shoes,  tracking Prs. 

500 

2,000 

2,500 

250 

250 

Straps,  portage Each. 

100 

30 

120 

250 

3 

3 

6 

Shaganapi     (pack 
cord) Bales. 

2 

4 

6 

1 

i 

1 
1 

Suet,  salted,  keg. . .    Cwt. 
Splinters,      cedar 

1 

1 

12 

12 

canoe Case. 

Seeds,  garden  assort- 

1 

1 

15 



2 

2 
40 

ments 

12 

12 

Timbers,  cedar  canoe  Bdle. 
Tents,  leather Each. 

2 
30 

2 

25 

5 

5 

40 

PIONEEK    LEGISLATION  871 

iN'oTE. — The  contractions  in  the  foregoing  headings  stand 
for  the  following  places : — 

"Sask'n"  for  Saskatchewan     District. 
"S.R."         "    Swan  River  do 

"R.E."        "    Red  River  do 

"L.L.P."     "    Lac  La  Pluie        do 
"]Sr.H."       "     ISTorway  House 
"O.H."       "     Oxford  House 
"Y.F."       "     York  Factory 

The  articles  were  received  at  and  distributed  from  ITorway 
House,  which  made  the  requisitions  on  the  districts  supplying 
them,  founded  upon  the  requisitions  of  the  districts  requiring 
them. 

D.— PERIOD  OF  TRA^SITIOiT. 

BRITISH  InTORTH  AMERICA  ACT,  SECTIOTT  146.' 

Admission  of  Other  Colonies. 

146.  It  shall  be  lawful  for  the  Queen  by  and  with 
the  advice  of  Her  Majesty's  Most  Honourable  Privy 
Council,  on  addresses  from  the  Houses  of  the  Parlia- 
ment of  Canada,  and  from  the  Houses  of  the  respec- 
tive Legislatures  of  the  Colonies  or  Provinces  of  ISTew- 
foundland.  Prince  Edward  Island,  and  British  Col- 
umbia, to  admit  those  Colonies  or  Provinces,  or  any 
of  them,  into  the  Union,  and  on  Address  from  the 
Houses  of  the  Parliament  of  Canada  to  admit  Ru- 
pert's Land  and  the  ;N'orth-western  Territory,  or  either 
of  them,  into  the  Union,  on  such  Terms  and  Con- 
ditions in  each  Case  as  are  in  the  Addresses  expressed 
and  as  the  Queen  thinks  fit  to  approve,  subject  to  the 
Provisions  of  this  Act;  and  the  Provisions  of  any 
Order  in  Coimcil  in  that  Behalf  shall  have  effect  as 
if  they  had  been  enacted  by  the  Parliament  of  the 
United  Kingdom  of  Great  Britain  and  Ireland. 


*  Unless  otherwise  stated,  the  Documents  in  this  section    are    taken 
from  Sessional  Papers  (No,  12)  33  Victoria. 


S72  CANADIAN    ARCHIVES 


FiBST  Steps  Toward  Admission  of  the  Red  River  Terri- 
tory TO  THE  Canadian  Confederation. 

(a)  Memorial  of  Thomas  Spence  and  Others  of  the  Red  River 
Settlement,  to  Her  Majesty  the  Queen,  Dec.  3,  1869}^^ 

To  Her  Most  Gracious  Majesty 
Victoria 

Queen  of  Great  Britain  and  Ireland. 
&c.,     &c.,     &c. 
The   Memorial   of   the   undersigned,    Merchants,    Traders, 
Farmers,  &c.,  inhabitants  of  that  part  of  Rupert's  Land,  the 
Red  River   Settlement. 

Humbly  Sheweth, 

That  "Whereas,  it  is  the  earnest  wish  and  desire  of  the  inha- 
bitants of  this  isolated  portion  of  Your  Most  Gracious  Majesty's 
Dominions  in  British  North  America  to  be  created  a  Crown 
Colony,  with  a  view  of  being  ultimately  embraced  in  the  Grand 
Confederation  of  the  Provinces  of  British  ISTorth  America,  to 
foster  and  protect  British  Interests  from  the  Atlantic  to  the 
Pacific. 

Your  Majesty's  loyal  Memorialists  would  here  briefly  set 
forth  their  reasons,  that  no  further  delay  should  take  place  in 
granting  the  Prayer  of  this  Memorial, — The  Provinces  of 
British  North  America  being  now  on  the  eve  of  a  great 
political  change ;  together  with  the  settlement  between  Your 
Majesty's  Government,  and  the  Hudson's  Bay  Company,  for 
the  sovereignty  and  freehold  of  this  valuable  portion  of  Your 
Majesty's  possessions — 

Therefore,  Your  Majesty's  Memorialists  consider  the  time 
has  now  arrived,  when  they  may  fairly  urge  upon  Your 
Majesty's  Government,  the  importance  of  favorably  considering 
this  Memorial  and  Prayer  of  Your  Majesty's  loyal  subjects  in 
Rupert's  Land,  and  thereby  taking  action  thereon  at  the 
approaching  Session  of  the  Parliament  of  Great  Britain. 

Your  Majesty's  Memorialists  would  here  humbly  represent 
for  the  consideration  of  Your  Majesty's  Government,  the  rapid 
advancement  of  civilization  and  settlement  by  our  adjoining 
American  neighbors,   now   extending  to   the   Confines   of  the 

^  Dominion  Archives,  M  155,  page  348. 


PIONEER    LEGISLATION  873 

International  Boundary  Line.  While  notwithstanding  our 
Superior  Climate,  and  vast  Agricultural  and  Mineral  re- 
sources, we  remain  helpless  to  advance  in  developing  the  same, 
having  no  outlet  or  market,  besides  being  entirely  indebted  to 
the  enterprise  of  a  foreign  power,  for  any  Postal,  or  other  Com- 
munication with  the  outer  world.  The  imports  and  exports 
of  the  country  for  the  past  year  amounting  to  over  three 
hundred  and  sixty  thousand  Pounds  Sterling. 

That  this  state  of  aifairs  in  such  a  valuable  portion  of  Your 
Majesty's  Possessions  will  now^  cease,  notwithstanding  previous 
unsuccessful  application, •  is  the  humble,  and  earnest  hope  of 
Your  Majesty's  Most  loyal  Memorialists — 

Your  Majesty's  Memorialists  would  humbly  suggest  to  Your 
Majesty's  Government,  as  a  means  of  the  immediate  develop- 
ment of  this  vast  country  viz.,  with  the  creation  of  a  Crown 
Colony,  the  at  once  opening  up  of  the  Lake  Superior  route  to 
British  Columbia  for  Commerce  and  Emigration,  and  a  regular 
Postal  Communication,  an  early  settlement  of  Indian  Land 
Titles  and  the  presence  of  a  Military  Detachment. 

Wherefore  Your  Majesty's  Memorialists  humbly  pray,  that 
Your  Most  Gracious  Majesty  may  be  pleased  to  recommend 
immediate  action  to  be  taken  by  Your  Majesty's  Government 
on  this  Memorial  and  that  the  creation  of  this  portion  of  the 
Territory  of  Rupert's  Land  known  as  Assiniboia,  to  a  Crown 
Colony,  may  become  law  during  the  approaching  Session  of 
Parliament  and 

Your  Majesty's  humble  Memorialists  as  in  duty  bound  will 
Ever  Pray  &c 

Thos.  Spence  and  200  others. 
Dated   3rd 
December  1866. 


(h)  Letter  from  President  Thomas  Spence  to  the  Secretary  of 
State  for  Colonial  Affairs,  Pel.  19,  1868.'' 

La  Prairie,  Manitoba, 
Via  Red  River  Settlement, 

February  19,  1868. 

My  Lord — As  President  elect,  by  the  people  of  the  newly- 
organized   Government   and   Council   of  Manitoba,   in  British 

^  Alex.  Begg,  History  of  the  North  West,  Vol.  I,  page  360. 


874  CANADIAN    ARCHIVES 

territory,  I  have  the  dutiful  honor  of  laying  before  your  Lord- 
ship, for  the  consideration  of  Her  Most  Gracious  Majesty,  our 
beloved  Queen,  the  circumstances  attending  the  creation  of  this 
self-supporting  petty  government  in  this  isolated  portion  of  Her 
Majesty's  Dominions,  and,  as  loyal  British  subjects,  we  humbly 
and  sincerely  trust  that  Her  Most  Gracious  Majesty,  and  Her 
advisers,  will  be  pleased  forthwith  to  give  this  government 
favorable  recognition,  it  being  simply  our  aim  to  develop  our 
resources,  improve  the  condition  of  the  people,  and  generally 
advance  and  preserve  British  interests  in  this  rising. Far  West. 

An  humble  address  from  the  people  of  this  settlement  to 
Her  Majesty  the  Queen,  was  forwarded  through  the  Governor- 
General  of  Canada,  in  June  last,  briefly  setting  forth  the  super- 
ior attractions  of  this  portion  of  the  British  Dominions,  the 
growing  population,  and  the  gradual  influx  of  immigrants,  and 
humbly  praying  for  recognition,  law,  and  protection,  to  which 
no  reply  or  acknowledgment  has  yet  reached  this  people. 

Early  in  January  last,  at  a  public  meeting  of  settlers,  who 
number  over  four  hundred,  it  was  unanimously  decided  to  at 
once  proceed  to  the  election  and  construction  of  a  government- 
which  has  accordingly  been  carried  out — a  revenue  imposed, 
public  buildings  commenced,  to  carry  out  the  laws,  provisions 
made  for  Indian  treaties,  the  construction  of  roads,  and  other 
public  works,  tending  to  promote  the  interests  and  welfare  of 
the  people,  the  boundaries  of  the  jurisdiction  being,  for  the 
time,  proclaimed  as  follows : — 

North — From  a  point  running  due  north  from  the  boun- 
dary line  of  Assiniboia,  till  it  strikes  Lake  Manitoba,  thence, 
from  the  point  struck,  a  straight  line  across  the  said  Lake  to 
Manitoba  Port;  thence  by  longitudinal  line  51,  till  it  intersects 
line  of  latitude  100. 

West — By  line  of  latitude  100  to  the  boundary  of  the  Unit- 
ed States  and  British  America, 

East — The  boundary  line  of  the  jurisdiction  of  the  Council 
of  Assiniboia. 

South — The  boundary  line  between  British  ISTorth  America 
and  the  United  States. 

I  have  the  honor  to  remain,  my  Lord, 
Your  Lordship's  obedient  servant, 

T.  Spence^ 
Pres.  of  the  Council. 

To  the  Secretary  of  State  for  Colonial  Affairs, 
London,  England. 


PIONEER    LEGISLATION  875 

(c)  Letter  from  A.  Morrison,  M.P.,  to  President  Thomas 
Spence,  April  4,  1868.^^^ 

Ottawa,  4tli  April,  1868. 
My  dear  Sir, 

On  tiie  receipt  of  your  letter,  "  dated  lYtli  January  last," 
with  official  communication  signed  by  you  as  President  of  the 
Council  of  Manitoba,  Rupert's  Land,  and  countersigned  by 
your  Council;  I  immediately  placed  myself  in  communication 
with  Sir  John  Macdonald,.  after  reading  your  communication 
he  at  once  placed  the  same  before  "Lord  Monck"  The  Governor 
General,  who  then  submitted  it  to  his  Council,  and  afterwards 
a  Copy  was  ordered  to  be  sent  forthwith  to  the  Secretary  of 
State  for  the  Colonies;  I  now  send  you  a  copy  of  Sir  John's 
letter  returning  the  Document;  by  it  you  will  see  that  Par- 
liament could  not  recognise  it  as  official,  altho  privately  with 
the  Governor  in  Council,  it  has  been  used  as  such : 

I  feel  satisfied  the  course  adopted  by  the  inhabitants  of 
Manitoba  for  self  rule  and  protection  was  a  correct  one ;  and  I 
have  no  doubt  this  important  step  will  bring  the  Hudson  Bay 
Company  and  Her  Majesty's  Ministers  into  some  conflict;  the 
result  of  which  I  hope  will  be  a  temporary  amicable  arrange- 
ment whereby  your  Territory  under  the  provisions  of  our  Union 
Act  will  before  long  become  part  and  parcel  of  the  Dominion 
of  Canada :  When  carried  out  you  may  rest  assured  your  per- 
sonal interests  will  not  be  overlooked  by  the  writer. 

With  respect  to  that  part  of  your  letter,  intimating  that  if 
Canada  or  England  did  not  take  immediate  steps  to  grant  your 
people  civil  rights  and  representation  in  the  Parliament  of 
Canada  "An  Appeal  would  be  made  to  the  United  States  author- 
ities to  recognize  your  Provisional  Government :"  on  this  point, 
I  do  urge  you,  and  your  Council  not  to  make  this  declaration 
public,  as  it  would  certainly  induce  the  Penians  to  unite  on 
your  Confines  and  when  an  opportunity  was  given,  to  raid  your 
Territory,  and  for  no  other  purpose  than  to  annoy  the  English 
and  Canadian  Governments :  again  my  advice  is  be  careful  and 
do  refrain  from  any  overt  Act  whereby  the  Yankees  might  be 
induced  to  Volunteer  Assistance,  before  asked  to  do  so;  How- 
ever I  do  hope  the  present  self  movement  on  the  part  of  the 
Inhabitants  of  Manitoba  will  bring  about,  not  only  a  speedy, 
but  a  satisfactory  settlement  of  all  your  long  recognised  neglects 
and  wants. 

*  Dominion  Archives,  M.  155,  pp.  360-363. 


876  CANADIAN    ARCHIVES 

As  President  of  the  Council  your  name  is  now  familiar 
with  all  the  M.P.'s  of  our  House  of  Commons:  the  fact  is  I 
have  had  any  quantity  of  inquiries  made  about  your  character 
and  standing  in  the  settlement;  all  of  which  I  kindly  inclined 
in  your  favor  adding  that  your  Loyalty  to  Queen  Victoria  and 
her  Dominion  was  equal  to  my  own.  The  Hon.  Darcy  McGee 
appears  to  take  an  interest  in  your  favour.  I  allowed  him  to 
peruse  your  communication,  and  his  views  were  not  to  bring 
it  before  the  House  for  the  reasons  above  mentioned. 

I  have  had  several  chats  with  Mr,  Simpson,  the  M.P.  for 
the  Algoma  Division,  he  thinks  some  good  will  come  out  of  the 
course  adopted  by  your  people,  he  has  much  sympathy  for  you 
all. 

I  am  pleased  to  say  a  new  Steamboat  "  first  Class"  called 
the  Chicora  will  be  placed  on  Lake  Huron  this  summer,  and 
will  make  weekly  trips  from  Collingwood  to  Fort  William ;  this 
is  one  good  point  gained  in  the  right  direction. 

With  respect  to  the  opening  up,  this  summer,  the  road  from 
Fort  William  to  Fort  Garry,  a  difficulty  exists  between  the 
Dominion  Government  and  the  Local  Government  of  Ontario, 
in  regard  to  the  expense;  still  I  believe  every  thing  to  be  done 
would  be  done  if  the  Hudson  Bay  Company's  claim  was  settled 
by  England,  so  that  the  whole  Territory  might  be  placed  in  the 
hands  of  the  Canadian  Government. 

You  may  rest  assured  all  in  my  power  will  be  done  with  our 
Government  so  as  to  promote  immediately  such  facilities  as  will 
obtain  for  your  people  a  speedy  political  connecteion  with  our 
Dominion. 

In  case  Lork  Monck  receives  a  reply  to  your  communication, 
and  he  grants  me  the  information,  I  will  immediately  write 
you  fully  on  the  subject. 

I  am  again  reviving  my  old  North  West  Inland  l^avigation 
and  Railway  Company,  if  (or  so  soon  as)  the  H.  B.  Company's 
claim  was  settled,  I  would  urge  on  our  Government  to  subsidise 
the  Company  to  build  a  good  road  with  Lal^e  service  to  Fort 
Garry;  however  you  will  bear  in  mind  that  patience  is  a 
bliss;  still  I  admit  great  neglect  has  been  made  on  the  part  of 
^^'  Governments. 

N.  W.  Territory: 

still  we  must  hope  in  the  future  that  all  will  be  right. 
Where  blank  occurs  the  letter  has  been  torn. 


PIONEER    LEGISLATION  877 

I  would  have  written  you  before  this,  but  delayed  until  I 
could  give  you  all  possible  information  &  hoping  to  hear  from 
you  soon — 

Yours  faithfully, 

A.  Morrison. 
Thomas  Spence,  Esq., 

Portage  La  Prairie,  Manitoba. 


(d)  Letter  from  Downing  Street  to  President  Thomas  Spence, 
MmjlsO,  1868}^^ 

Downing  Street, 

May  30,  1868. 
Sir, — 

I  am  directed  by  the  Duke  of  Buckingham  and  Chandos  to 
inform  you  thalj  your  letter  of  the  19th  February  last,  address- 
ed to  the  Secretary  of  State  for  Foreign  Affairs,  has  been  for- 
warded to  this  Department  and  that  His  Grace  has  also  receiv- 
ed a  copy  of  a  letter  addressed  by  you  to  Mr.  Angus  Morrison, 
a  member  of  the  Canadian  Parliament,  dated  the  17th  of  Janu- 
ary last. 

In  these  communications  you  explain  the  measures  that  have 
been  taken  for  creating  a  so-called  self-supporting  government 
in  Manitoba,  within  the  Territory  of  the  Hudson's  Bay  Com- 
pany. 

The  people  of  Manitoba  are  probably  not  aware  that  the 
creation  of  a  separate  government  in  the  manner  set  forth  in 
these  papers  has  no  force  in  law,  and  that  they  have  no  authority 
to  create  or  organize  a  Government  or  even  to  set  up  Municipal 
Institutions  properly  so-called  for  themselves,  without  refer- 
ence to  the  Hudson's  Bay  Company  or  to  the  Crown.  Her 
Majesty's  Government  are  advised  that  there  is  no  objection 
to  the  people  of  Manitoba  voluntarily  submitting  themselves 
to  Rules  and  Regulations  which  they  may  agree  to  observe  for 
the  greater  protection  and  improvement  of  the  Territory  in 
which  they  live,  but  which  will  have  no  force  as  regards  others 
than  those  who  have  so  submitted  themselves.  As  it  is  inferred 
that  the  intention  is  to  exercise  jurisdiction  over  offenders  in 
Criminal  cases,  to  levy  taxes  compulsorily,  and  to  attempt  to 

1  Dominion  Archives.  M.  155,  p.  366. 


878  CANADIAN    ARCHIVES 

put  in  force  other  powers  which  can  only  be  exercised  by  a  pro- 
perly constituted  Government,  I  am  desired  to  warn  you  that 
you  and  your  Coadjutors  are  acting  illegally  in  this  matter,  and 
that  by  the  course  which  you  are  adopting  you  are  incurring 
grave  responsibilities. 

I  am,  Sir, 

Your  Obedient  Servant, 

T.  Feed  Elliot. 


2.  Instructions  issued  to  Hon.  Wm.  McDougall  as  Lieutenant 
Governor  of  the  North  West  Territories,  Sept  28,  1869. 

Office  of  the  Secretary  of  State  for  the  Provinces, 

Ottawa,  28th  Sept,  1869. 

The  Hon.  Mr.  McDougall,  G.B., 
Ottawa. 

Sir, — As  you  have  been  appointed  Lieutenant-Governor  of 
the  North-West  Territories,  in  anticipation  of  the  formal 
transfer  of  those  Territories  by  Her  Majesty  to  the  Dominion 
of  Canada,  and  as  it  is  expected  that  such  transfer  will  be  made 
within  the  course  of  the  next  two  or  three  months,  I  have  the 
honor,  by  command  of  His  Excellency  the  Governor  General, 
to  inform  you  that  it  is  desirable  that  no  time  should  be  lost 
in  making  the  necessary  preliminary  arrangements  for  the 
organization  of  the  Government  of  the  Territories. 

2.  With  this  view  I  am  to  instruct  you  to  proceed  with  all 
convenient  speed  to  Eort  Garry,  in  order  that  you  may  effect- 
ually superintend  the  carrying  out  of  the  preliminary  arrange- 
ments indicated  in  the  preceding  paragraph,  and  be  ready  to 
assume  the  Government  of  the  Territories  on  their  actual  trans- 
fer to  Canada. 

3.  On  your  arrival  at  Eort  Garry,  you  will  place  yourself  at 
once  in  communication  with  Mr.  McTavish,  the  Governor  of  the 
Hudson  Bay  Company,  and  notify  him  of  your  appointment ; 
you  will,  at  the  same  time,  offer  seats  in  your  Council  to  Mr. 
McTavish  and  to  Mr.  Black,  or  other  Chief  Judical  Officer  of 
the  Hudson  Bay  Company  now  in  the  Territory.  Should 
either  or  both  of  these  gentlemen  decline  to  accept  office,  you 
will  submit,  for  the  consideration  of  His  Excellency,  the  names 


PIONEEK    LEGISLATION"  879 

of  one  or  two  other  officers  of  the  Company,  whom  you  con- 
sider eligible  to  act  as  members  of  your  Council.  You  will,  at 
the  same  time,  submit  the  names  of  several  of  the  residents  of 
character  and  standing  in  the  Territory,  unconnected  with  the 
Company,  qualified  to  act  as  Councillors,  giving  particulars 
respecting  them,  and  stating  their  comparative  merits. 

4.  You  will  have  the  goodness  to  report  with  all  convenient 
speed,  for  the  information  of  His  Excellency,  on  the  state  of 
the  Laws  now  existing  in  the  Territories,  transmitting  copies 
of  any  Laws,  Ordinances  or  Regulations  of  the  Company  now 
in  force  there,  together  with  a  full  report  as  to  the  mode  of 
administering  Justice,  the  iDrganization  of  the  Courts,  the  num- 
ber and  mode  of  appointment  of  Justices  of  the  Peace,  the 
Police  arrangements,  and  the  means  adopted  for  keeping  the 
peace,  &c. 

5.  In  preparing  your  Report  on  the  matters  referred  to  in 
the  preceding  paragraph,  it  will  be  well  that  you  should  confer 
with  the  Chief  Judical  Officer  of  the  Company  in  the  Ter- 
ritories. 

6.  You  will  have  the  goodness  to  report  also  upon  the  sys- 
tem of  Taxation  (if  any)  now  in  force  in  the  Territories,  the 
system  of  licensing  Shops,  Taverns,  &c.,  the  mode  of  regula- 
ting or  prohibiting  the  sale  of  Wines,  Spirituous  and  Malt 
Liquors ;  and  further,  as  to  the  mode  of  keeping  up  the  Roads, 
and  generally  on  the  Municipal  Organization  (if  any)  existing 
in  the  Territories. 

7.  You  will  also  make  a  full  report  upon  the  state  of  the 
Indian  tribes  now  in  the  Territories — their  numbers,  wants 
and  claims ;  the  system  heretobefore  pursued  by  the  Hudson 
Bay  Company  in  dealing  with  them — accompanied  by  any 
suggestions  you  may  desire  to  offer  with  reference  to  their  pro- 
tection, and  to  the  improvement  of  their  condition. 

8.  You  will  have  the  goodness  to  report  also  on  the  nature 
and  amount  of  currency  or  circulating  medium  now  employed 
in  the  Territories,  and  of  the  probable  requirements  of  the 
Territories  in  that  respect  in  the  future. 

9.  You  will  also  report  on  the  system  of  education  (if  any) 
which  now  obtains  in  the  Territories. 

10.  You  will  also  please  to  report  as  to  such  lands  in  the 
Territories  as  it  may  be  desirable  to  open  up  at  once  for  set- 
tlement, transmitting  a  plan  of  such  survey  as  may  be  necessary, 
with  an  estimate  of  the  cost  of  survey,  a  statement  of  the  con- 
ditions of  grants  of  land  and  settlement.     The  plan,  should 


880  CANADIAN    ARCHIVES 

show  the  number  of  townships  it  is  proposed  to  lay  out  at  once, 
the  size  and  situation  of  townships,  and  the  size  of  the  lots, 
making  the  necessary  reservation  for  churches,  schools,  roads, 
and  other  public  purposes. 

11.  You  will  also  report  upon  the  relations  at  present 
existing  between  the  Hudson  Bay  Company  and  the  different 
religious  bodies  in  the  Territories. 

12.  You  will  also  report  as  to  the  number  of  officers  now 
employed  by  the  Hudson  Bay  Company  in  the  Administration 
of  the  Government  of  the  Territories,  stating  the  duties  and 
salaries  of  such  officers,  and  specifying  those  who.  should,  in 
your  opinion,  be  retained ;  you  will  also  report  as  to  the  num- 
ber of  persons  whom  it  will  be  necessary  hereafter  to  employ 
in  the  Administration  of  the  Government,  and  you  will  report 
generally  on  all  subjects  connected  with  the  welfare  of  the 
Territories  upon  which  it  may  seem  to  you  desirable  to  com- 
municate with  the  Government  of  the  Dominion. 

13.  It  is  desirable  that  you  should  take  immediate  measures 
for  the  extension  of  the  telegraph  system  from  the  Territory  to 
Pembina,  and  for  its  connection  at  that  place  with  the  system 
of  the  American  Telegraph  Company  or  Companies,  making 
any  provisional  arrangements  for  that  purpose  that  may  be 
necessary,  and  forwarding  a  copy  of  such  arrangements  to  this 
Department  for  confirmation  by  His  Excellency. 

I  have  the  honor  to  be.  Sir, 

E.  A.  Meredith, 
Under   Secretary   of   State. 

(S)  Notice  issued  to  Hon.  Wm.  McDougall,  forUdding  hhn  to 
enter  the  North  West  Territories,  October  21,  1869}^^ 

Monsieur, — 

Le  Comite  ISTational  des  Metis  de  la  Riviere  Eouge  intime 
a  Monsieur  W.  McDougall  I'ordre  de  ne  pas  entrer  sur  le  Ter- 
ritoire  du  Kord-Ouest  sans  une  permission  speciale  de  ce 
Comite. 

Par  ordre  du  President, 
John  Bruce, 
Louis  Kiel,  Secretaire. 
Date  a  St.  Norbert,  Riviere  Rouge 
Ce  21e  jour  d'Octobre,  1869. 

*  Sessional  Papers,  33  Victoria,  No.  12. 


PIONEEK    LEGISLATIOX 


881 


(J^)  Letter  from  J.  S.  Dennis  to  Hon.  Wm.  McDougall,  Oct.  27, 

1869. 

\Yednesday,  27th  October,  1869. 
IsTooN. 

Have  just  returned  from  a  visit  to  the  lower  part  of  the 
settlement  on  the  west  side  of  Eed  Kiver,  having  left  yesterday 
afternoon. 

Called  upon  Mr.     *  ^  and  Mr.      "     *,  and  others. 
From  the  conversation  had  with  these  different  gentlemen, 
1  am  satisfied  that  the  general  disposition  is  in  favor  of  receiv- 
ing the  incoming  Government  with  respect,  but  there  is  no  en- 
thusiasm. 

The  attitude  of  the  English  speaking  portion  of  the  colony, 
may,  I  think,  be  fairly  stated  as  follows : — 

They  say :  We  feel  a  disposition  to  extend  a  sincere  welcome 
to  the  Honourable  Mr.  McDougall,  as  the  gentleman  who  has 
been  selected  for  our  future  Governor. 

We  regret  sincerely  that  the  good  name  of  the  colony  should 
be  prejudiced  by  any  such  action  as  that  we  are  told  is  com- 
templated  by  a  portion  of  the  French  half-breeds. 

AVe  consider  it  a  most  outrageous  proceeding  on  their  part, 
and  one  that  we  would  be  glad  to  see,  if  possible,  put  a  stop  to. 
At  the  same  time,  should  an  appeal  to  arms  be  necessary  we 
eould  hardly  justify  ourselves  in  engaging  in  a  conflict,  which 
would  be,  in  our  opinion,  certain  to  resolve  itself  mtx)  one  of 
nationalities  and  religions,  and  of  which  we  could  hardly,  at 
present,  see  the  termination.  j     .   • 

We  feel  this  way :  We  feel  confidence  in  the  future  adminis- 
tration of  the  Government  of  this  country  under  Canadian  rule ; 
at  the  same  time,  we  have  not  been  consulted  in  any  way  as  a 
neople,  in  entering  into  the  Dominion.  ^ 

The  character  of  the  new  Government  has  been  settled  m 
Canada,  without  our  being  consulted.  We  are  prepared  to  ac- 
cept it  respectfullv,  to  obey  the  laws,  and  to  become  good  sub- 
jects :  but  when  vou  present  to  us  the  issue  of  a  conflict  with  the 
French  party,  with  whom  we  have  hitherto  lived  in  friendship, 
backed  up,  as  they  would  be,  by  the  Roman  Catholic  Church, 
which  appears  probable  by  the  course  at  present  being  taken 
by  the  priests,  in  which  conflict  it  is  almost  certain  the  aid  of 
the  Indians  would  be  invoked,  and  perhaps  obtained,  by  that 
party,  we  feel  disinclined  to  enter  upon  it,  and  think  that  the 
'28159—56 


882  CANADIAN    ARCHIVES 

Dominion    should    assume    the    responsibility  of  establishing 
amongst  us  what  it,  and  it  alone,  has  decided  upon. 

At  the  same  time,  we  are  ready — should  the  Council  make 
an  appeal  to  the  settlement,  to  prevent  the  gross  outrage  con^ 
templated — by  a  large  mounted  deputation,  unarmed,  to  meet 
and  escort  the  Honourable  William  McDougall  to  Winnipeg; 
and  thus  show  to  the  French  party,  now  in  arms,  that  the  Eng- 
lish-speaking portion  of  the  colony  is  entirely  opposed  to  the 
present  threatening  movement  by  a  ^wrtion  of  the  French  half- 
breeds, — we  will  cheerfully  and  promptly  respond  to  the  call. 

7  P.  M. 

-^Ij.  *  *  *  jj^g  j^^g|.  come  in,  and  reports  that  about 
eighty  of  tlie  French  party,  who  are  opposed  to  the  views  of  the 
insurgents,  met  by  invitation  at  the  camp  of  the  disaffected 
today;  but  that  their  remonstrances  and  appeals  to  get  them 
to  disband,  were  entirely  without  avail. 

Several  priests  were  present;  among  others,  Pere  Lestanc, 
the  Father  Superior. 

Pere  Lestanc  took  little  or  no  part  in  the  proceedings  one 
way  or  another;  some  of  the  others  were  less  scrupulous,  Pere 
Richtot  declaring  in  favor  of  the  stand  taken,  and  called  upon 
the  insurgents  to  maintain  their  ground. 

The  appeals  of  this  priest'  and  of  the  leaders  of  the  insur- 
gent party,  had  the  effect  of  even  withdrawing  then  and  there, 
some  twenty  or  thereabouts  of  Mr.  Dease's  party  over  to  their 
side. 

Mr.  Dease  thereupon  withdrew  his  party  from  the  ground, 
and  they  accordingly  went  into  camp  a  short  distance  nearer  to 
Fort  Garry,  where  they  are  at  present. 

Mr.  Dease,  previous  to  coming  to  me,  states  that  he  had  an 
interview  with  Governor  McTavish,  in  which  he  expressed  the 
determination  of  his  party  to  remain  together,  and  if  possible 
to  overawe  the  others,  with  which  view  he  requested  a  supply 
of  arms  and  ammunition. 

He  Droposes,  if  these  are  granted  to  his  party,  to  escort  the 
Governor  in. 

His  proposition  is,  for  a  number  of  his  men  Csay  fifteen) 
to  ride  down  towards  Pembina,  and  meet  Mr.  McDougall,  and 
escort  him  straight  to  his  residence  on  the  Assineboine,  pass- 

*  Another  of  the  Dease  party  testifies  that,  on  this  occasion,  the  priest 
raved  and  tore  his  gown,  addressing  the  assemblage  in  the  most  frantic 
and  excited  manner. 


PIONEEE   LEGISLATION  88iJ 

ing  the  "old  crossing"  over  the  river  Sale,  possession  of  which 
(as  it  is  -understood  that  there  are  a  few  men  of  the  insurgents 
now  at  that  point),  should  previously  have  been  taken  by  an- 
other party  of  his  men. 

He  does  not  fear  that  Mr.  McDougall  will  be  interfered, 
with  at  any  other  point. 

He  tbinks,  that,  once  on  the  north  side  of  the  Assinniboine). 
at  his  own  house,  or  at  th  Fort,  five  miles  lower  down,  Mr. 
McDougall  would  not  be  subjected  to  any  indignity. 

I  accompanied  Mr.  Dease  to  the  Fort,  and  had  an  interview 
with  Governor  McTavish,  at  which  Dr.  Cowan  was  present 
when  Mr.  Dease's  proposition  was  discussed. 

The  Governor,  who  was  very  feeble,  and  is  evidently  feel- 
ing the  responsibility  and  delicacy  of  his  position,  determined 
to  consider  the  matter  to-niffht,  and  call  in  the  aid  of  some 
Members  of  the  Council  to-morrow  morning,  and  decide  what 
course  was  best  to  be  pursued. 

It  is  worthy  of  remark,  that  Mr.  Dease  expressed  his  con- 
viction from  what  had  fallen  from  the  lips  of  the  insurgent 
leaders,  that  it  would  not  be  a  matter  of  much  regret  to  them^ 
"implying  that  they  would  feel  it  a  relief  rather  than  other- 
wise, owing  to  the  evident  division  among  the  French  elements," 
were  the  Governor  to  find  his  way  into  the  settlement  by  an- 
other route. 

Mr.  Dease  remarked  to  me  that  his  party  were  entirely 
without  provision,  and  he  feared,  if  they  were  obliged  to  go 
home,  it  might  be  difficult  to  get  them  together  again,  and  so 
prejudice  the  position  in  favor  of  the  insurgents ;  and  I  agreed 
to  send  him  a  small  supply  to-morrow  morning,  for  their  sus- 
tenance, until  the  Council  shall  have  decided  on  the  course  to 
be  taken. 

There  was  no  determination  come  to  by  Governor  McTavisli 
as  to  furnishing  his  party  with  arms. 

I  understood  that  there  were  three  or  four  hundred  stand  of 
arms,  the  old  "Brown  Bess,"  with  ammunition,  at  present  in 
the  Fort. 

I  may  say  further  that  I  sent  *  *  *  ,  a  man  of  in- 
fluence among  the  French  Half-breeds,  but  favorable  to  our 
cause,  up  to  the  French  Settlement  on  the  "White  Horse 
Plains,"  on  the  Assiniboine,  yesterday,  to  use  his  influence  to 
prevent  the  people  there  from  coming  down  to  help  the  insur- 
gents. He  returned  to-day,  and  the  result  of  his  mission  is 
given  in  the  annexed  pap'ir. 

J.  S.  Dennis. 
28159— 56i 


884  CAXADI.VX     AJiCIlIVES 

5.  Letter  from  Governor  Mactavish  to  Hon.  Wm.  McDougall, 

Oct.  30,  1869. 

Fort  Garry^  Red  River^ 

.30th  October,  18G9. 

'Llie  Honorahh  M'Ulknn  McDougall,  C.  B. 

My  Dear  Sik^ — It  is  with  much  concern  I  have  to  say  that, 
among  a  certain  portion  of  the  half-breed  population  here,  there 
prevails  a  degree  of  excitement  at  the  prospect  of  your  arrival 
in  the  country,  which  seems  to  make  it  necessary  that  in  coming 
into  the  settlement,  you  should  use  great  circumspection ;  and 
it  is  for  the  purj^ose  of  pointing  attention  to  that  apparent 
necessity  that  I  send  you  this  communication. 

For  some  weeks  past,  rumors  have  been  reaching  me  through 
more  or  less  reliable  channels,  of  dissatisfaction  among  the 
French  half-breeds  with  the  recent  arrangements  but  believing, 
as  I  then  did,  that  these  feelings  had  no  very  deep  root,  I 
indulged  the  hope  that  they  might  pass  away.  But  in  this 
respect,  I  am  deeply  pained  to  say,  I  have  been  disappointed, 
and  that,  within  the  last  few  days,  the  feeling  of  discontent 
has  manifested  itself  in  such  a  manner  as  to  create  serious 
apprehensions  for  the  result.  After  interfering  with  the  sur- 
veying operations  of  Col.  Dennis,  these  people,  in  considerable 
numbers,  have  combined  for  the  avowed  purpose  of  stopping 
your  entrance  into  the  settlement,  and  with  that  view  they  have 
actually  taken  up  permanent  positions  on  the  road  by  which,  in 
the  usual  course  of  travel,  you  would  advance. 

Ever  since  matters  began  to  assume  a  serious  aspect,  the 
conduct  of  these  people  has  been,  I  may  say,  constantly  engag- 
insf  the  earnest  deliberations  of  the  local  authorities,  but 
although  every  effort  has  been  made  which  the  Council  deemed 
prudent  or  practicable  for  bringing  these  misguided  people  to 
reason,  and  for  procuring  their  peaceable  dispersion,  yet  I  am 
sorry  to  say  that,  hitherto,  all  has  been  without  effect,  and  that 
the  difficulty,  the  serious  and  now  somewhat  alarming  difficulty, 
still  remains  imsolved,  as  to  how  you  are  to  be  effectually  pro- 
tected from  molestation  in  approaching  the  settlement. 

From  Col  Dennis  I  learn  that,  by,  different  hands  he  has 
lately  been  sending  you  reports  upon  the  state  of  matters  here, 
and  that  in  his  last  communication  he  has  advised  you  to  re- 
main in  Pembina,  until  you  should  ascertain,  through  reliable 


PIONEER    I.EGISLATIOX  885 

intelligence  from  this,  by  some  means  or  other,  the  course  has 
been  cleared  so  as  to  make  it  prudent  for  you  to  come  on.  It 
appears  to  me  that  under  the  circumstances,  the  advice  so  ten- 
dered by  Col.  Dennis  was  sound  and  judicious,  and  it  relieved 
my  mind  from  much  anxiety  to  hear  that  officer  express  so 
confident  a  belief  that  you  would  be  inclined  to  act  upon  it; 
although  I  cannot  but  add  that  I  fully  share  in  his  feeling  of 
mortification  at  being  so  circumstanced  as  to  be  constrained  to 
counsel  such  a  course. 

I  have  not  myself  seen  Col.  Dennis's  communications  to 
you  on  the  subject  of  these-  unfortunate  occurrences,  but  he 
has  been  kind  enough  to  read  them  to  some  members  of  the 
council,  for  the  purpose  of  enabling  them  to  judge  of  the 
accuracy  and  completeness  of  his  information ;  and  upon  their 
assurance,  1  have  no  hesitation  in  saying  that  the  contents 
of  the  Colonel's  communication  to  you  may  be  relied  upon  as 
conveying  in  the  main  a  correct  narrative  of  the  occurrences 
to  which  they  refer,  and  a  fair  representation  of  the  popular 
sentiment  throughout  the  settlement. 

The  question  which  now  presses  itself  upon  every  mind  is, 
what  is  to  be  done  to  secure  your  peaceable  entrance  into  the 
settlement.  So  far,  all  our  expedients  have  failed ;  and  unless 
the  efforts  of  a  temporizing  character  which  are  still  being 
earnestly  used  for  the  dispersion  of  the  malcontents  succeed, 
it  is  to  be  feared  that  your  coming  into  the  settlement  at  the 
present  monient,  would  not  be  free  from  considerable  danger. 

From  Col.  Dennis's  despatches  and  this  letter  you  will 
derive  as  full  and  accurate  knowledge  of  the  position  of  the 
affairs  here  as  I  believe  can  very  well  be  given  in  writing ;  and 
having  satisfied  myself  that  you  are  acquainted  with  all  the 
material  circumstances  of  the  case,  I  think  that  you  are  now  in 
possession  of  the  principal  data  for  enabling  you  to  determine 
the  important  question  of  your  movements;  and  I  need  not 
say  that  I  shall  most  anxiously  await  your  decision. 

But  without,  of  course,  in  any  way  meaning  to  prescribe 
the  line  to  be  pursued,  I  may  be  permitted  to  add  that  to  those 
who  with  myself  have  been  deliberating  upon  the  most  advis- 
able steps  to  be  taken  in  circumstances  of  so  embarrassing 
and  so  critical  a  nature,  there  have  been  suggested  three 
ccurses  for  meeting  the  difficulty  as  it  now  stands. 

The  first  is,  that,  there  happily  being  among  even  the 
French  half-breeds  a  considerable  element  of  well-disposed 
persons,  there  should  be  carefully  selected  from  that  section 


886  CANADIAN    ARCHIVES 

a  body  of  from  twenty  to  thirty  men,  who,  mounted  and  armed 
should  proceed  to  Pembina  and  escort  you  to  your  residence  in 
the  settlement  by  a  roundabout  road,  which  would  keep  you 
entirely  clear  from  the  roads  on  which  the  malcontents  are 
known  to  have  taken  up  their  positions. 

The  second  is,  that  of  making  a  public  call  upon  the  whole 
loyal  portion  of  the  settlement  to  turn  out  in  the  cause  of  order, 
and  to  the  number  of,  say  300  unarmed  able-bodied  men,  if 
such  a  force  could  he  mustered,  proceed  to  Pembina  and  escort 
you  into  the  settlement  by  the  usual  route,  whether  the  mal- 
contents remain  upon  it  or  not. 

And  the  third  is,  that  you  should  remain  at  Pembina  and 
await  the  issue  of  conciliatory  negotiations,  with  the  view  of 
procuring  a  peaceable  dispersion  of  the  malcontents. 

Now,  with  respect  to  the  first  of  these  courses,  it  is  in  my 
0r»inion,  open  to  the  grave  objection,  that  even  if  it  were  to 
issue  in  your  safe  arrival  amongst  us,  it  would  obviously  in- 
volve a  virtual  acknowledgment  of  the  ascendency  of  these  law- 
less people,  and  would  have  a  direct  tendency  to  inspire  them 
with  fresh  courage  in  the  prosecution  of  their  designs ;  and 
besides,  I  am  strongly  of  opinion  that,  under  present  circum- 
stances, your  personal  safety  could  not  be  sufficiently  pro- 
vided for  by  the  attendance  of  so  small  a  body  of  men  as  that 
proposed — a  body  large  enough  to  provoke  a  collision,  but  pro- 
bably far  from  strong  enough  to  meet  it. 

The  second  is  one  which  all  along  the  local  authorities  have 
been  pondering,  but  one  which,  as  in  somewhat  similar  emer- 
gencies on  former  occasions,  they  have  hitherto  shrunk  from 
adopting,  partly  from  a  misgiving  as  to  the  extent  and  the  spirit 
of  the  response  to  such  a  call  as  that  proposed,  and  partly  also, 
but  principally,  from  an  apprehension  of  precipitating  a  colli- 
sion between  different  sections  of  the  people,  which  might 
plunge  not  only  the  settlement,  but  the  whole  Territory,  into 
all  the  disasters  of  a  war  of  races  and  religions —  a  war,  in 
which  the  legitimate  object  for  which  it  had  been  begun  would 
probably  soon  be  lost  sight  of,  and  passion  and  prejudice  alone 
animate  the  minds  of  those  engaged  in  it. 

To  the  Council  and  myself  it  appears  that,  under  present 
circumstances,  the  third  proposal  is  the  only  one  that  can  be 
regarded  as  prudent  or  practicable;  and  it  is  therefore  our 
opinion  that  you  should  remain  at  Pembina  and  await  the 
issue, of  conciliatory  negotiations,  in  the  hope  of  procuring  a 
peaceable  dispersion  of  the  malcontents. 


PIONEER    LEGISLATION  887 

I  have  only  to  add  that,  although  this  letter  proceeds  osten- 
sibly from  myself,  it  embodies  the  views  of  the  Coimcil  of 
Assinniboine,  and  that,  at  a  meeting  of  the  Coimcil  to-day, 
held  for  the  express  purpose,  it  was  unanimously  adopted  as 
the  communication  which  I  should  immediately  make  you. 

Earnestly  hoping  that  ere  long  some  peaceable  solution  of 
all  these  difficulties  may  be  arrived  at. 

I  remain,  my  dear  Sir,  yours  faithfully, 

W.  McTavish. 


6    Letter  from  Hon.  Wm.  McDougall  to  Governor  Mactavish, 

Nov.  %,  1869. 

Pembina,  2nd  iN'ovember.  1869. 

Governor  McTavish,  &c..  Fort  Garry. 

My  Dear  Sir,— I  have  the  honour  to  acknowledge  the 
receipt,  by  the  hands  of  Col.  Dennis,  of  your  letter  of  the  30th 
October,  announcing  the  assemblage  of  a  body  of  armed  men 
upon  the  public  road  near  Fort  Garry,  for  the  avowed  purpose 
of  preventing  my  entrance  into  the  settlement.  Col.  Dennis 
had  already  apprised  me  of  the  movements  and  designs  of  these 
people,  and  as  you  state  that  his  communications  to  me  had 
been  sho^vn  to,  and  approved  as  to  the  statements  contained, 
by  the  membei-s  of  your  Council,  I  have  no  doubt  that  I  am  now 
in  possession  of  sufficient  information  to  enable  me  to  under- 
stand the  origin  and  nature  of  the  outbreak  which  your  Govern- 
ment has  been  unable  to  prevent,  and  which  obstructs,  for  the 
present  my  further  progress  into  the  country. 

I  have  acted  upon  the  suggestion  of  Col.  Dennis  (repeated 
an(J  confirmed  by  you),  that  I  should  delay  a  few  days  at  Pem- 
bina, in  the  hope  that  the  measures  you  have  taken  may  result 
in  the  withdrawal  of  the  armed  parties  from  their  present 
position.  As  you  are  aware,  the  transfer  of  the  Territory  and 
the  powers  of  government  entrusted  to  you  is  to  take  effect 
on  a  day  to  be  named  in  Her  Majesty's  Koyal_ Proclamation; 
until  that  day  arrives  (which  I  am  informed  will  be  about  the 
1st  day  of  December  next),  you  are  the  legal  ruler  of  the 
country,  and  responsible  for  the    preservation    of    the    public 


888  CANADIAN    ARCHIVES 

peace.  My  commission  authorizes  and  commands  me  to 
assume  and  exercise  the  powers  of  government  from  and  after 
that  day.  I  am  instructed  to  proceed  in  the  meantime  to  the 
Territory  and  report  on  certain  subjects,  and  make  prepara- 
tions for  the  new  state  of  things. 

In  these  circumstances  you  will  see  that  the  legal  authority 
to  resist  any  lawless  exhibition  of  force  which  may  occur  pre- 
vious to  the  actual  transfer  of  the  powers  of  government,  is  in 
other  hands  than  mine.  You  have  not,  it  appears,  felt  justi- 
fied in  calling  upon  the  loyal  and  well-disposed  inhabitants  of 
the  country  to  aid  you  in  the  suppression  of  the  outbreak  of 
which  you  have  notified  me.  I  must,  therefore,  conclude  that 
your  better  knowledge  of  the  disposition  of  the  people  and  of 
the  means  at  your  disposal  to  enforce  your  authority,  convinces 
you  that  such  a  call  would  prove  ineffectual ;  but  I  cannot  help 
thinking  that  a  proclamation  from  your  Government,  explain- 
ing the  provisions  of  the  late  Imperial  Act  respecting  the  Terri- 
tory, and  the  authority  under  which  the  ncAV  Government  will 
exercise  its  powers,  at  the  same  time  warning  the  malcontents 
of  the  serious  nature  of  the  crime  they  meditated,  and  the  grave 
consequences  to  all  concerned,  that  must  result  from  its  com- 
mission, would  have  been  well-timed,  and  perhaps  sufficient  to 
prevent  the  designing  men  at  the  head  of  this  movement  from 
accomplishing  their  purposes.  I  understand  from  Col.  Dennis 
that  no  proclamation  or  warning  has  as  jet  been  published  at 
Fort  Garry,  under  ofiicial  sanction. 

I  am  unwilling,  at  this  distance  from  the  scene  of  action, 
and  in  the  circumstances  by  which  I  am  surrounded,  to  make 
any  other  suggestion.  Perhaps  the  measures  yon  have  taken 
may  prove  successful. 

I  sincerely  hope  they  may,  and  remain, 
My  dear  Sir, 

Very  faithfully,  &c.,  &c.,  &c., 

Wivr.  McDoUGALL. 


7.  Public  Notice  to  the  Inhabitants  of  Rupert's  Land,  Nov. 

6,  1869. 

"  The  President  and  Eepresentatives  of  the  "Freuch-speak- 
"  ing  population  of  Kupert's  Land  in  Council    ("the  invaders 


PIONEEK    LEGISLATION 

''of  our  riohts  being  now  expelled)/ already  aware  of  your 

"SlV  nliabitants,  and  in  doing  so,    invite    you     o    send 

"4lve 'representatives  from  the  ^ f  ^^f .  ?  ^^^' 7^V7ames 
"  St.  John's,  1;  St.  Margaret's,  1;  Headingly,  1  St  Jame  , 
"I-  St  Mary's,  1;  Kildonan,  1;  St.  Paul's  1  St.  Andrews, 
<<  1  :  St  Clemen  's  1 ;  St.  Peter's,  1 ;  town  of  Winnipeg,  2  ;-in 
'itnf^r  one  body  with  the  above  Council,  consisting  of 
"twelve  mXs^^^^^^^^^^^  the  present  political  state  of  t^s 
4«   and  to'adopt  such  measures  as  may  be  deemed  best, 

"  '-  r^iSr  n^:W^^n  wm  l.  heM  nithe  Court 
"Hoi       Port  Garry,  on  Tuo.davthe  16th  day  of  November, 
"ft^^nch  the  invited  representatives  will  attend. 
"  Winnipeg,  November  6th,  1869. 

"  By  order  of  the  President, 

"  Louis  Kiel,  Secretary." 

8    Leiter  from  Mr.   8r,ow   to   Ron.   Wm.   McDougalh  Nov. 

9,  1869, 

Fort  Garry,  November  9th. 
-  Council  in  deliberation  to-day  on  yours.  Received  all 
"  .i,h?  D  ci  ion  not  kno.m.  Saddle  .^1  fall  on  nght  h^s. 
"cf  1"  made  on  the  different  r)arishes  by  manifesto  of  Kiel, 
"who  sed  "Nor'  Wester"  Office,  and  by  force  used  the 
.'  „,e..      Eno-lish  and   Scotch  parishes  will  not  lespond 

'"  Issue  Proclamation,  and  then  you  may  come  fearlessly 
"  down.     Hudson's  Bay  Company  evidently  shakmg. 
"  By  no  means  leave  Pembina." 

9    Appeal  of  residents  of  Winnipeg  to  Governor  McTavJsh 
of  L  Hudson's  Bay  Company,  and  ProclamaHon  .sued  ly 
him  November  16,  1869,  in  accordance  therewith. 

Town  of  Winnipeg, 

jSTovember  12th,  1869. 

To  William  McTavish,  Esq., 

Governor  Hudson's  Bay  Company,  Fort  Garry. 

We,  the  undersigned  residents.of  the  Town  of  J^ini^^f; 
and  lo^al  subjects  of  Her  ^lajesty  the  Queen  of  Great  Biitam 
and  Ireland, 


890  CANADIAN"    ARCHIVES 

,  Beholding,  with  great  alarm,  the  unsettled  state  of  feeling 
existing  in  this  Territory,  and  the  threatening  position  assumed 
by  a  portion  of  its  French  speaking  population  towards  the 
Crown,  in  the  person  of  Her  Majesty's  representative,  the 
future  Governor  of  this  Territory;  and,  believing,  as  we  do, 
that  this  disaffection  or  dissatisfaction  is  the  result  of  various 
slanderous  interpretations  having  been  from  time  to  time  dis- 
seminated among  the  people  by  persons  unknown: 

We  do,  therefore,  now  demand  that  you,  as  the  representa- 
tive of  Her  Majesty  in  this  Territory,  do  proclaim  among  the 
people,  either  by  convening  a  public  meeting  for  that  purpose, 
or  posting  in  conspicuous  places  throughout  the  Country,  a  full 
and  correct  exposition  of  the  nature  of  the  transfer  of  this  Ter- 
ritory to  the  Dominion  of  Canada. 

We  also  request  that  you  will  explain,  so  far  as  lies  in  your 
power,  the  policy  likely  to  be  adopted  by  the  Canadian  authori- 
ties relative  to  the  governing  of  the  Territory. 

Also,  that  you  deny  the  numerous  libellous  slanders  which 
are  in  circulation  regarding  the  purposes  for  which  the  Terri- 
tory was  acquired.  That  you  warn  them  of  the  danger  they 
are  incurring  to  themselves  by  persistence  in  their  present 
violent  course,  thereby  imperilling  the  future  welfare  of  the 
Country ;  and  that  you  do  entreat  them  to  lay  down  their  arms, 
and  return  peaceably  to  their  homes. 


PKOCLAMATION. 

Whereas,  I,  William  McTavish,  Governor  of  Assiniboine, 
have  been  informed  that  a  meeting  is  to  be  held  to-day  of  per- 
sons from  the  different  districts  of  the  Settlement,  for  the  osten- 
sible purpose  of  taking  into  consideration  the  present  political 
condition  of  the  Colony,  and  for  suggesting  such  measures  as 
may  appear  to  be  best  adapted  for  meeting  the  difficulties  and 
danger  connected  with  the  existing  state  of  public  affairs. 

And,  whereas,  I  deem  it  advisable,  at  this  juncture,  to  place 
before  that  meeting,  as  well  as  before  the  whole  Dody  of  the  peo- 
ple, what  it  appears  to  be  necessary  for  me  to  declare  in  the  in- 
terest of  public  order,  and  of  the  safety  and  welfare  of  the  Set- 
tlement ; 

Therefore,  I  notify  all  whom  it  concerns  that,  during  the 
last  few  weeks,  large  bodies  of  armed  men  have  taken  positions 
on  the  public  high-road  to  Pembina,  and,  contrary  to  the  remon- 


PIONEER    LEGISLATION  8^1 


strances  and  protests  of  tlie  public  authorities,  liave  committed 
the  following  unlawful  acts  : — 

2/^^Vsf— They  have  forcibly  obstructed  the  movements  ot 
various  persons  travelling  on  the  public  highway  in  peaceable 
prosecution  of  their  lawful  business,  and  have  thus  violated  that 
personal   liberty   which   is   the   undoubted   right   of   all   Her 

Maiesty's  subjects.  ■,    i  .  •     j 

Secondly.— They  have  unlawfully  seized  and  detained,  on 
the  road  at  La  Riviere  Sale,  in  the  parish  of  St.  :NTorbert,  goods 
snd  merchandize,  of  various  descriptions,  and  of  very  consider- 
able value,  belonging  as  well  t-o  persons  coming  into  the  Colony 
as  to  persons  already  settled  here  and  carrying  on  their  business 
in  the  Settlement,  thereby  causing  great  loss  and  inconvenience 
not  only  to  the  corners  of  these  goods,  but,  as  has  formally  been 
complained  of,  also  to  the  carriers  of  the  same,  and  possibly 
involving  the  whole  Colony  in  a  ruinous  responsibility. 

Thirdly  —They  have  unlawfully  interfered  with  the  public 
mails,  both  outgoing  and  incoming,  and  by  that  tampering  with 
the  established  means  of  communication  between  the  Settlement 
and  the  outside  world,  have  shaken  public  confidence  m  the 
security  of  the  mails,  and  given  a  shock  to  the  trade  and  com- 
merce of  the  Colony,  of  which  the  mischievous  efforts  cannot 

now  be  fully  estimated.  ■,       .      •.     x         f 

Fourthly.— l^ot  only  without  permission,  but  m  the  lace  ot 
repeated  remonstrations  on  the  part  of  the  Hudson  Bay's  Com- 
pany's officer  in  immediate  charge  of  Fort  Garry,  they  have,  in 
numbers  varying  from  about  sixty  to  one  hundred  and  twenty, 
billeted  themselves  on  that  establishment,  under  the  plea  of  pro- 
tecting it  from  a  danger  which  they  alleged  was  known  by  them- 
selves to  be  imminent,  but  of  which  they  have  never  yet  dis- 
closed the  particular  nature.     They  have  placed  armed  guards 
at  the  gates  of  an  establishment,  which  every  stick  and  stone  of 
it  is  private  property;  in  spite  of  the  most  distinct  protestations 
sgainst  such  a  disregard  of  the  rights  of  property    they  have 
taken  possession  of  roads  within  the  Fort;  and,  although  they 
have  there  as  vet  committed  no  direct  act  of  violence  to  person 
or  property  beyond  what  has  been  enumerated,  yet,  by  their 
presence  in  such  numbers,  with  arms  for  no  legitimate  purpose 
that  can  be  assigned,  they  have  created  a  state  of  excitement  and 
alarm  within  and  around  the  Fort  which  seriously  interferes 
with  the  regular  business  of  the  establishment. 

Fifthly.— A  body  of  armed  men  have  entered  the  Hudson 
Bay's  Company's  Post  at  Pembina,  where  certain  gentlemen 


892  CAXADIAX    ARCJIIVES 

from  Canada,  with  their  families,  were  peaceably  living;  and, 
under  threats  of  violence,  have  compelled  them  to  quit  the 
establishment  at  a  season  of  the  year  when  the  rigors  of  winter 
were  at  hand,  and  forced  them  to  retire  within  American 
Territory. 

And,  in  the  last  place,  they  have  avowed  it  as  tlieir  inten- 
tion, in  all  those  unlawful  proceedings,  to  resist  arrangements 
for  the  transfer  of  the  government  of  this  Country,  which  have 
been  made  under  the  sanction  of  the  Imperial  Parliament,  and 
of  virtually  setting  at  defiance  the  royal  authority,  instead  of 
adopting  those  lawful  and  constitutional  means  which,  under 
the  enlightened  rule  of  Her  Most  Gracious  Majesty  our  Queen, 
are  sufficient  for  thd  ultimate  attainment  of  every  object  that 
rests  upon  reason  and  justice;  the  persons  who  have  been  en- 
gaged in  committing  those  unlawful  deeds,  have  resorted  to  acts 
which  directly  tend  to  involve  themselves  in  consequences  of  the 
gravest  nature,  and  to  bring  upon  the  Colony  and  the  Country 
at  large,  the  evils  of  anarcliy  and  the  horrors  of  war. 

Therefore,  in  the  interests  of  law  and  order,  in  behalf  of 
all  the  securities  you  have  for  life  and  property,  and,  in  a  word, 
for  the  sake  of  the  present  and  future  welfare  of  the  Settlement 
and  its  inhabitants,  I  again  earnestly  and  empliatically  protest 
against  each  and  all  of  these  unlawful  acts. 

I  charge  those  engaged  in  them,  before  they  are  irretrievably 
and  hopelessly  involved,  immediately  to  disperse  themselves  and 
peaceably  to  depart  to  their  habitations,  or  to  their  lawful  busi- 
ness, under  the  pains  and  penalties  of  law ;  and  whatever  in 
other  respects  may  be  the  conclusions  of  those  who  meet  to  deli- 
berate upon  the  present  critical  and  distracted  state  of  public 
affairs,  I  adjure  you  as  citizens,  having  the  interests  of  your 
country  and  your  kindred  at  heart,  to  ratify  and  proclaim,  with 
all  the  might  of  your  united  voices,  this  public  notice  and  pro- 
test, and  so  avert  from  the  Country  a  succession  of  evils,  of 
which  those  who  see  the  beginning  may  never  see  the  end. 

You  are  dealing  with  a  crisis  out  of  which  may  come  incal- 
culable good  or  immeasurable  evil,  and  with  all  the  weight  of 
my  official  authority,  and  all  the  influence  of  my  individual 
position,  let  me  finally  charge  you  to  adopt  only  such  means  as 
are  lawful  and  constitutional,  rational  and  safe. 

Given  under  my  hand  and  seal,  at  Fort  Garry,  this  16th 
day  of  ISTovember,  1869. 

W.  McTavish, 
Governor  of  Assiniboine. 


PIONEER    LEGISLATIOiS'"  893 

10.   Proclamation  by  Hon.  Wm.  McDougall,  Dec.  1,  1869. 

Victoria,  by  the  Grace  of  God,  of  the  United  Kingdom  ^  of 
Great  Britain  and  Ireland,  Queen,  Defender  of  the  Faith, 
&c.,  &c.,  &c. 

William  McDougall. 

To  all  whom  it  may  concern, — Greeting: 

[L.  S.] 

PKOCLAMATIOX. 

Whereas,  by  "The  British  North  America  Act,  1867,"  it 
was  (amongst  other  things)  enacted,  that  it  should  be  lawful 
for  Her  Majesty,  by  and  with  the  advice  of  Her  Majesty's 
Most  Honorable  Privy  Council,  on  Address  from  the  Houses 
of  the  Parliament  of  Canada,  to  admit  Kupert's  Land  and  the 
I^orth- Western  Territory,  or  either  of  them,  into  the  Union  or 
Dominion  of  Canada,  on  such  terms  and  conditions  as  are  in 
the  Address  expressed,  and  as  Her  Majesty  thinks  fit  to  ap- 
prove. 

And,  ivhereas,  for  the  purpose  of  carrying  into  effect,  the 
said  provisions  of  "  The  British  jSTorth  America  Act,  1867," 
"The  Eunert's  Land  Act,  1868,"  enacted  and  declared,  that 
it  should  be  competent  for  "  the  Governor  and  Company  of 
Adventurers  of  England  trading  into  Hudson's  Bay,"  to  sur- 
render to  Her  Majesty,  and  for  Her  Majesty,  by  any  instru- 
ment under  Her  sign  manual,  and  signet,  to  accept  a  surrender 
of  all,  or  any  of  the  lands,  territories,  powers,  and  authorities, 
whatsoever,  granted,  or  purported  to  be  granted,  by  certain 
Letters  Patent  of  His  Late  Majesty  King  Charles  the  Second, 
to  the  said  Governor  and  Company  within  Rupert's  Land,  upon 
such  terms  and  conidtions  as  should  be  agreed  upon,  by  and  be- 
tween Her  Majesty,  and  the  said  Governor  and  Company. 

And,  luhereas',  by  "  The  Rupert's  Land  Act  1868,"  it  is 
further  enacted,  that  from  the  date  of  the  admission  of  Rupert's 
Land  into  the  Dominion  of  Canada,  as  aforesaid,  it  shall  be 
lawful  for  the  Parliament  of  Canada  to  make,  ordain,  and  estab- 
lish, within  the  said  land  and  territory  so  admitted,  as  afore- 
said, all  such  laws,  institutions  and  ordinances,  and  to  consti- 
tute such  courts  and  officers  as  may  be  necessary  for  the  peace, 
order,  and  good  government  of  Her  Majesty's  subjects,  and 
others  therein  ; 


894  CANADIAN    ARCHIVES 

And,  whereas,  it  is  further  provided  by  the  said  Act,  that 
until  otherwise  enacted  by  the  said  Parliament  of  Canada,  all 
the  powers,  authorities,  and  jurisdiction,  of  the  several  courts 
of  justice,  now  established  in  Kupert's  Land,  and  of  the  several 
officers  thereof,  and  of  all  magistrates  and  justices,  now  acting 
within  the  said  limits,  shall  continue  in  full  force  and  effect 
therein ; 

And,  whereas,  the  said  Governor  and  Company  have  sur- 
rendered to  Her  Majesty,  and  Her  Majesty  has  accepted  a  sur- 
render of  all  the  lands,  territories,  rights,  privileges,  liberties, 
franchises,  powers  and  authorities  granted,  or  purported  to  be 
granted,  by  the  said  Letters  Patent,  upon  certain  terms  and 
conditions  agreed  upon  by  and  between  Her  Majesty,  and  the 
said  Governor  and  Company ; 

And,  whereas.  Her  Majesty,  by  and  with  the  advice  of  Her 
Majesty's  most  Honorable  Privy  Council,  and  on  an  Address 
from  both  the  Houses  of  the  Parliament  of  Canada,  in  pur- 
suance of  the  one  hundred  and  forty-sixth  section  of  "  The 
British  North  America  Act,  1869,"  hath  declared  that  Kupert's 
Land  and  the  I^orth- Western  Territory,  shall,  from  the  first  day 
of  December,  in  the  year  of  Our  Lord  one  thousand  eight  hun- 
dred and  sixty-nine,  be  admitted  into,  and  become  part  of  the 
Dominion  of  Canada,  upon  the  terms  and  conditions  expressed 
in  the  said  Address,  of  which  Her  Majesty  has  approved,  and 
Rupert's  Land,  and  the  said  North-Western  Territory,  are 
admitted  into  the  Union,  and  have  become  part  of  the  Dominion 
of  Canada  accordingly ; 

And,  whereas,  the  Parliament  of  Canada  by  an  Act  inti- 
tuled :  "  An  Act  for  the  Temporary  Government  of  Rupert's 
Land  and  the  ISTorth-Western  Territory,  when  united  with  Can- 
ada," enacted  that  it  should  be  lawful  for  the  Governor,  by  any 
order,  or  orders,  to  be  by  him,  from  time  to  time,  made  with 
the  advice  of  the  Privy  Council  (and  subject  to  such  conditions 
and  restrictions  as  to  him  should  seem  meet),  to  authorize  and 
empower  such  officer  as  he  may,  from  time  to  time,  appoint,  as 
Lieutenant-Governor  of  the  North- West  Territories,  to  make 
provision  for  the  administration  of  justice  therein,  and  general- 
ly to  make,  ordain,  and  establish  all  such  laws,  and  institutions 
and  ordinances  as  may  be  necessary  for  the  peace,  order  and 
good  government  of  Her  Majesty's  subjects,  and  others  therein. 


PIONEEB   LEGISLATION  895 

Now  know  Ye,  that  we  have  seen  fit,  by  Our  Royal  Letters 
Patent,  bearing  date  the  twenty-nine  day  of  September,  in  the 
year  of  Our  Lord  one  thousand  eight  hundred  and  sixty-nine 
to  appoint  the  Honorable  William  McDougall,  of  the  City  of 
Ottawa,  in  the  Province  of  Ontario,  in  Our  Dominion  of  Can- 
ada, and  Member  of  Privy  Council  for  Canada,  and  Compa- 
nion of  Our  Most  Honorable  Order  of  the  Bath,  on,  from,  and 
after  the  day  to  be  named  by  Us,  for  the  admission  of  Rupert's 
Land  and  the  North  Western  Territory,  aforesaid,  into  the 
Union  or  Dominion  of  Canada,  to  wit;  or  from  and  after  the 
first  day  of  December,  in  the  year  of  Our  Lord  one  thousand 
eight  hundred  and  sixty-nine,  to  be,  during  our  pleasure,  the 
Lieutenant  Governor  of  the  ISTorth-West  Territories ; 

And  we  did  thereby  authorize,  and  empower,  and  require 
and  command  him,  in  due  manner,  to  Do  and  Execute,  in  all 
things  that  shall  belong  to  his  said  command,  and  the  Trust  we 
have  reposed  in  him,  according  to  the  several  provisions  and 
instructions  granted,  or  appointed  him,  by  virtue  of  our  said 
Commission,  and  the  Act  of  the  Parliament  of  Canada  herein 
before  recited,  and  according  to  such  instructions  as  have  been, 
or  may,  from  time  to  time,  be  given  to  him,  and  to  such  Laws 
as  are  or  shall  be  enforced  Avithin  the  !^^orth-West  Territories. 

Of  all  which  our  Loving  Subjects  of  Our  Territories,  and 
all  others,  whom  these  Presents  may  concern,  are  hereby  re- 
quired to  take  notice,  and  govern  themselves  accordingly. 

In  Testimony  Whereof,  we  have  caused  these,  Our  Letters, 
to  be  made  Patent,  and  the  Great  Seal  of  Our  North- 
West  Territories  to  be  hereunto  afiixed:  Witness  Our 
Trusty  and  Well  Beloved,  The  Honorable  William  Mc- 
Dougall, Member  of  Our  Privy  Council  for  Canada,  and 
Companion  of  Our  Most  Honorable  Order  of  the  Bath, 
Lieutenant  Governor  of  Our  North-West  Territories, 
&c.,  &;c.,  &c.,  At  the  Bed  River,  in  our  aforesaid  North- 
West  Territories,  this  first  day  of  December,  in  the  year 
of  Our  Lord  one  thousand  eight  hundred  and  sixty-nine, 
and  in  the  thirty-third  year  of  Her  Reign. 

By  command. 

J.  A.  N.  Peovenchee, 

Secretary. 


896  CANADIAN    ARCHIVES 

11.  Commission  appointing  Col.  Dennis,  Lieutenant  and  Con- 
servator of  the  Peace,  Dec.  1,  1869. 

The  ]^orth-West  Territories. 
[L.  S.] 

By  His  Excellency  the  Honorable  William  McDougall,  a 
Member  of  Her  Majesty's  Privy  Council  for  Canada, 
and  Companion  of  the  Most  Honorable  Order  of  the 
Bath,  Lieutenant-Governor  of  the  N'orth-West  Territo- 
ries. 

To  John  Stoughton  Dennis^  Esq.,  Lieutenant-Colonel 
Military  Staff,  Canada, 

Greeting : 

Whereas,  large  bodies  of  armed  men  have  unlawfully  as- 
sembled on  the  high  road,  between  Fort  Garry  and  Pembina, 
in  the  Colony  or  District  of  Assinniboine,  and  have,  with  force 
and  arms,  arrested,  and  held  as  prisoners,  numerous  private 
and  official  persons,  and  preventing  them  from  proceeding  on 
their  lawful  journey  and  business,  and  have  committed  other 
acts  of  lawless  violence,  in  contempt  and  defiance  of  the  magis- 
trates and  local  authorities; 

And  whereas,  William  McTavish,  Esq.,  Governor  of  Assin- 
niboine, did  on  the  sixteenth  day  of  l^ovembev  last,  publish  and 
make  known  to  these  armed  men,  and  all  others,  whom  it  might 
concern,  that  the  lawless  acts  aforesaid,  and  which  were  parti- 
cularly set  forth  in  his  Proclamation,  were,  "  contrary  to  the 
remonstrances  and  protests  of  the  public  authorities,"  and  did 
therein  himself  protest  against  each  and  all,  of  the  said  unlaw- 
ful acts  and  intents,  and  charged  and  -commanded  the  said 
armed  persons  to  immediately  disperse  themselves,  and  peace- 
ably to  depart  to  their  habitations  or  lawful  business  under  the 
pains  and  penalties  of  the  law ; 

And,  whereas,  since  the  issue  of  the  said  protest  or  Procla- 
mation, certain  of  the  armed  men  aforesaid,  have  taken  posses- 
sion of  the  public  records  and  papers  at  Port  Garry,  and  have 
seized  and  held  as  prisoners,  the  public  officers  or  persons  having 
charge  of  the  same,  and,  as  I  am  creditably  informed,  still  keep 
unlawful  possession  of  the  said  records  and  public  property, 
and  with  force  and  arms  continue  to  obstruct  public  officers, 
and  others,  in  the  performance  of  their  lawful  duty  and  busi- 
ness, to  the  great  terror,  loss,  and  injury  of  Her  Majesty's 
peaceful  subjects,  and  in  contempt  of  Her  Royal  authority; 


PIONEER    LEGISLATION  897 

And,  whereas,  Her  Majesty,  by  Letters  Patent,  under  the 
Great  Seal  of  the  Dominion  of  Canada,  bearing  date  the  twenty- 
ninth  day  of  September,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-nine,  has  been  graciously  pleased  to 
appoint  me  to  be,  from  and  after  the  first  day  of  December  in- 
stant. Lieutenant  Governor  of  the  ISTorth-West  Territories,  and 
did  authorize  and  command  me  to  do  and  execute  all  things  in 
due  manner  that  should  belong  to  my  said  command. 

Know  You,  that  reposing  trust  and  confidence  in  your  cour- 
age, loyalty,  fidelity,  discretion,  and  ability,  and  under  and 
in  virtue  of  the  authority  in  me  vested,  I  have  nominated  and 
appointed,  and,  by  these  presents,  do  nominate  and  appoint 
you,  the  said  John  Stoughton  Dennis,  to  be  my  Lieutenant  and 
a  Conservator  of  the  Peace  in  and  for  the  ISTorth-West  Territo- 
ries, and  do  hereby  authorize  and  empower  you  as  such  to  raise, 
organize,  arm,  equip  and  provision,  a  sufficient  force  within 
the  said  Territories,  and  with  the  said  force,  to  attack,  arrest, 
disarm,  or  disperse  the  said  armed  men  so  unlawfully  assem- 
bled and  disturbing  the  public  peace ;  and  for  that  purpose,  and 
with  the  force  aforesaid,  to  assault,  fire  upon,  pull  down,  or 
break  into  any  fort,  house,  stronghold,  or  other  place  in  which 
the  said  armed  men  may  be  found ;  and  I  hereby  authorize  you, 
a:  such  Lieutenant  and  Conservator  of  the  Peace,  to  hire,  pur- 
chase, impress,  and  take  all  necessary  clothing,  arms,  ammuni- 
tion, and  supplies,  and  all  cattle,  horses,  wagons,  sleighs,  or 
other  vehicles,  which  may  be  required  for  the  use  of  the  force 
to  be  raised  as  aforesaid ;  and  I  further  authorize  you  to  ap- 
point as  many  officers  and  deputies  under  you,  and  to  give  them 
such  orders  and  instructions,  from  time  to  time,  as  may  be 
found  necessary  for  the  due  performance  of  the  services  herein 
required  of  you,  reporting  to  me  the  said  appointments,  and 
orders,  as  you  shall  find  opportunity,  for  confirmation  or  other- 
wise; and  I  hereby  give  you  full  power  and  authority  to  call 
upon  all  magistrates  and  peace  officers  to  aid  and  assist  you, 
and  to  order  all  or  any  of  the  inhabitants  of  the  N^orth-West 
Territories,  in  the  name  of  Her  Majesty  the  Queen,  to  support 
and  assist  you  in  protecting  the  lives  and  properties  of  Her 
Majesty's  loyal  subjects,  and  in  preserving  the  public  peace, 
and  for  that  purpose,  to  seize,  disperse,  or  overcome  by  force, 
the  said  armed  men,  and  all  others,  who  may  be  found  aiding 
or  abetting  them  in  their  unlawful  acts. 

And  the  said  persons  so  called  upon  in  Her  Majesty's  name, 

28159—57 


898  CANADIAN    ARCHIVES 

are  hereby  ordered  and  enjoined,  at  their  peril,  to  obey  your 
orders  and  directions  in  that  behalf ;  and  this  shall  be  sufficient 
warrant  for  what  you  or  they  do  in  the  premises,  so  long  as  this 
Commission  remains  in  force. 

Given  under  my  hand  and  seal  at  arms,  at  Eed  Eiver,  in  the 
said  Territories,  this  the  first  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
nine,  and  in  the  thirty-third  year  of  Her  Eeign. 

William  McDougall. 
By  Command. 

J.  A.  jS^,  Provencher,  Secretary. 


12.  Proclamation  hy  Hon.  Wm.  McDougall,  Dec.  2,  1869. 
[L.S.] 

The  ]^orth-West  Territories. 

By  His  Excellency,  the  Honorable  William  McDougall,  a 
Member  of  Her  Majesty's  Privy  Council  for  Canada,  and 
Companion  of  the  Most  Honorable  Order  of  the  Bath, 
Lieutenant  Governor  of  the  North-West  Territories,  &c., 
&c.,  &c. 

To  all  whom  these  Presents  shall  come — Greeting: — 

A  Proclamation    !    !    ! 

Whereas,  Her  Majesty  The  Queen^  by  Letters  Patent, 
under  the  Great  Seal  of  the  Dominion  of  Canada,  bearing  date 
the  twenty-ninth  day  of  September,  in  the  year  of  Our  Lord  one 
thousand  eight  hundred  and  sixty-nine,  in  the  thirty-third  year 
of  Her  Majesty's  Eeign,  has  been  graciously  pleased  to  consti- 
tute and  appoint  me,  on,  from  and  after  the  day  to  be  named 
by  Her  Majesty,  for  the  admission  of  Eupert's  Land  and  the 
l^orth- Western  Territory  into  the  Union  or  Dominion  of  Can- 
ada, to  be  Lieutenant  Governor  in  and  over  The  North- 
West  Territories,  during  Her  Majesty's  pleasure,  and  did 
thereby  authorize  and  empower  and  require  and  command  me, 
on,  from  and  after  the  day  aforesaid,  to     do  and  execute  all 


PIONEER    LEGISLATION  890 

things  in  due  manner  that  shall  belong  to  my  said  command 
and  the  trnst  reposed  in  me,  according  to  the  several  powers 
and  instructions  granted  or  appointed  me  by  that,  Her 
Majesty's  Commission,  and  of  the  Act  of  Parliament  passed 
in  the  thirty-second  year  of  Her  Majesty's  Reign,  intituled, 
"  An  Act  for  the  Temporary  Government  of  Rupert's  Land 
and  the  ISTorth-Western  Territory  when  united  with  Canada," 
and  the  instructions  given  me  with  such  Commission,  or  by 
such  further  instructions  as  may  hereafter  be  given  me  in 
respect  of  the  ISTorth-West  Territories  and  the  Government 
thereof,  by  Her  Majesty's  Governor  General  in  Council,  under 
his  sign  manual,  or  through  one  of  Her  Majesty's  Privy  Council 
of  Canada,  and  according  to  such  laws  as  are  now,  and  shall 
hereafter  be  in  force  in  the  said  North-West  Territories. 

And  Whereas,  Her  Majesty  has  declared  and  named  the 
first  day  of  December  instant,  as  the  day  for  the  admission  of 
Rupert's  Land  and  the  North-Western  Territory  into  the  Union 
and  Dominion  of  Canada;  and  Whei'eas,  by  virtue  and  in  pur- 
suance of  "The  British  ^rth  America  Act,  1867";  "The 
Rupert's  Land  Act,  1868,"  the  said  "  Act  for  the  Temporary 
Government  of  Rupert's  Land  and  the  ISTorth- Western  Terri- 
tory, when  united  with  Canada,"  and  the  said  Declaration 
and  Order  of  Her  Majesty,  Rupert's  Land  and  the  ISTorth 
Western  Territory  have  been  admitted  into  Union  with,  and 
have  become  and  are  now  part  of  the  Dominion  of  Canada,  and 
are  henceforth  to  be  styled  and  known  as  "  The  North-West 
Territories." 

Notv  Know  Ye,  that  I  have  thought  fit  to  issue  this  Pro- 
clamation, to  make  known  Her  Majesty's  said  appointment 
to  all  officers,  magistrates,  subjects  of  Her  Majesty,  and  others 
within  the  said  "The  North-West  Territories" ; — and  I  do  here- 
by  require  and  command  that  aU  and  singular,  the  public 
officers  and  functionaries,  holding  office  in  Rupert's  Land,  and 
the  l^orth-Western  Territory,  at  the  time  of  their  admission  in- 
to the  Union  as  aforesaid,  excepting'  the  public  officer  or  func- 
tionary at  the  head  of  the  Administration  of  affairs,  do  con- 
tinue in  the  execution  of  their  several  and  respective  offices, 
duties,  places  and  employments,  until  othenvise  ordered  by  me, 
under  the  authority  of  the  said  last  mentioned  Act;  and  I  do 
hereby  further  require  and  command  that  all  Her  Majesty's 
loving  subjects,  and  all  others  whom  it  may  concern,  do  take 
notice  and  govern  themselves  accordingly. 
28159—571 


'900  CANADIAN    ARCHIVES 

Given  under  my  hand  and  8eal-at-Arms,  at  Red  River,  in 

the  said  Territories,  this  Second  day  of  December,  in 

the  year  of  Our    Lord,  one    thousand    eight    hundred 

and  sixty-nine,  and    in    the  Thirty-third  year    of   Her 

Majesty's  Reign. 

Wm.    MclDoUGALL. 

By  Command. 

J.  A.  ISr.  Proven  CHER^ 

Secretary. 

(I  have  asked  Mr.  Provencher  to  sign  as  Secretary,  his 
formal  appointment  depending  upon  the  course  of  events,  and 
the  requirements  of  the  Act.) 

Wm.  McDougall. 


13.  Proclamation  of  Sir  John  Young,  Governor  General  of 
Canada,  Dec.  6,  1869. 

By  His  Excellency  the  Right  Honorable  Sir  John  Young,  Bar- 
onet, a  Member  of  Her  Majesty's  Most  Honorable  Privy 
Council,  Knight  Grand  Cross  of  the  Most  Honorable  Order 
of  tlie  Bath,  Knight  Grand  Cross  of  the  Most  Distinguish- 
ed Order  of  St.  Michael  and  St.  George,  Governor  General 
of  Canada. 

To  all  and  every  the  Loyal  Subjects  of  Her  Majesty  the  Queen, 
and  all  to  whom  these  Presents  shall  come, 

Greeting : 

The  Queen  has  charged  me,  as  Her  representative,  to  inform 
you  that  certain  misguided  persons  in  Her  Settlements  on 
the  Red  River,  have  banded  themselves  together  to  oppose 
by  force  the  entry  into  Her  ]*Torth- Western  Territories  of 
the  officer  selected  to  administer,  in  Her  ISTame,  the  Gov- 
ernment, when  the  Territories  are  united  to  the  Domin- 
ion of  Canada,  under  the  authority  of  the  late  Act  of  the 
Parliament  of  the  United  Kingdom;  and  that  those  parties 
have  also  forcibly,  and  with  violence,  prevented  others  of 
Her  loyal  subjects  from  ingress  into  the  country. 


PIONEEE    LEGISLATION  901 

Her  Majesty  feels  assured  that  she  may  rely  upon  the  loyal- 
ity  of  Her  subjects  in  the  North-West,  and  believes  those  men, 
who  have  thus  illegally  joined  together,  have  done  so  from  some 
misrepresentation. 

The  Queen  is  convinced  that  in  sanctioning  the  Union  of  the 
Korth-West  Territories  with  Canada,  she  is  promoting  the  best 
interest  of  the  residents,  and  at  the  same  time  strengthening 
and  consolidating  her  North  American  possessions  as  part  of 
the  British  Empire.  You  may  judge  then  of  the  sorrow  and 
displeasure  with  which  the  Queen  views  the  unreasonable  and 
lawless  proceedings  which  have  occurred. 

Her  Majesty  commands  me  to  state  to  you,  that  she  will  al- 
ways be  ready  through  me  as  her  representative,  to  redress  all 
well  founded  grievances,  and  that  she  has  instructed  me  to  hear 
and  consider  any  complaints  that  may  be  made,  or  desires  that 
may  be  expressed  to  me  as  Governor  General.  At  the  same 
time  she  has  charged  me  to  exercise  all  the  powers  and  author- 
ity with  which  she  has  entrusted  me  in  the  support  of  order, 
and  the  suppression  of  unlawful  disturbances. 

By  Her  Majesty's  authority  I  do  therefore  assure  you,  that 
on  the  union  with  Canada  all  your  civil  and  religious  rights  and 
privileges  will  be  respected,  your  properties  secured  to  you^ 
and  that  your  Country  will  be  governed,  as  in  the  past,  under 
British  laws,  and  in  the  spirit  of  British  justice. 

I  do,  further,  under  her  authority,  entreat  and  command 
those  of  you  who  are  still  assembled  and  banded  together  in  de- 
fiance of  law,  peaceably  to  disperse  and  return  to  your  homes, 
under  the  penalties  of  the  law  in  case  of  disobedience. 

And  I  do  lastly  inform  you,  that  in  case  of  your  immediate 
and  peaceable  obedience  and  dispersion,  I  shall  order  that  no 
legal  proceeding  be  taken  against  any  parties  implicated  in 
these  unfortunate  breaches  of  the  law. 

Given  under  my  hand  and  Seal  at  Arms  at  Ottawa,  this 
Sixth  day  of  December,  in  the  year  of  our  Lord,  One  Thousand 
Eight  Hundred  and  Sixty-nine,  and  in  the  Thirty-third  year 
of  Her  Majesty's  Eeign. 

[seal] 

By  Command. 

John  Young. 

H.  L.  Langevin, 

Secretary  of  State. 


902  CANADIAN    ARCHIVES 

IJt^.  Letter  from  Hon.  Joseph  Howe  to  Hon.  Wm.  McDougall, 

Dec.  1,  1869. 

Depaet:ment  of  Secretary  of  State  for  the  Provinces. 

Ottawa,  December  Tth,  1869. 

To  tlie  HonorahJe  Wm.  McDougall,  C.B. 

Sir, — I  had  the  honor  to  address  to  you  Despatches  on  the 
19th  and  29th  November,  which,  in  view  of  the  insecurity  of 
the  mails,  were  enclosed  to  a  friend  at  St.  Paul,  to  be^  sent 
forward,  if  possible,  by  private  hand.  For  fear  that  they  may 
have  miscarried,  duplicates  are  annexed  to  this. 

Your  Despatch  of  the  13th  ult.,  with  its'  enclosures,  from 
("A")  to  ("E")  reached  me  on  the  3rd  inst.,  and  was  imme- 
diately laid  before  the  Council.  Copies  will  be  sent  to  the 
Colonial  Secretary  this  week. 

I  have  now  the  honor  to  inform  you  that  the  Very  Rev.  Mr. 
Thibault,  accompanied  by  Charles  de  Salaberry,  Esq.,  proceeds 
to-morrow,  via  St.  Paul  and  Pembina  to  Fort  Garry,  for  the 
purpose  of  assisting  in  putting  down  the  unlawful  assemblage 
of  people  on  the  Red  River,  and  obtaining  access  for  the  Can- 
adian Authorities  into  the  jSTorth-West. 

Mr.  Thibault  has  had  great  experience  in  that  country, 
having  been  for  37  years  a  priest  there,  and  having  only  left 
it  last  year. 

Mr.  de  Salaberry  has  also  had  considerable  experience  in 
dealing  with  the  French  half-breeds. 

After  consulting  wath  you,  they  will  take  such  action  with 
these  people  as  they  think  most  calculated  to  carry  out  our 
objects,  and  it  may,  perhaps,  be  politic  that  they  should  have 
as  little  open  communication  wdth  you  as  possible. 

It  is,  of  course,  advisable  not  to  arouse  the  suspicions  of 
the  Insurgents,  who  w^ould  be  very  likely  to  view  with  disfavor 
any  persons  coming  directly  as  agents  from  you,  and  acting 
under  your  instructions ;  you  will,  however,  be  good  enough  to 
strengthen  their  hands  as  much  as  possible. 

With  them  we  send  you  a  Proclamation  issued  by.  the  Gov- 
ernor General  by  the  direct  command  of  Her  Majesty.  This 
should  be  widely  disseminated,  in  such  a  manner  and  at  such 
a  time  as  you  think  most  expedient.  It  has  also  been  thought 
well  to  print  copies  of  your  Letter  of  Instructions,  which  will, 
of  itself,  show  how  unfounded  is  the  charge  that  the  N^orth- 


PIONEEE    LEGISLATION  903 

West  is  to  be  governed  without  the  interposition  or  aid  of  the 
residents,  but  by  Canadians  solely. 

Messrs.  Thibault  and  de  Salaberry  will  be  followed  by 
Donald  A.  Smith,  Esq.,  the  Hudson's  Bay  Agent  at  Montreal, 
who  now  occupies  the  position  formerly  held  by  Mr.  Hopkins. 
In  his  capacity  as  an  officer  of  the  Hudson's  Bay  Company,  he 
will  obtain  ready  access  to  the  country  and  to  Governor  Mc- 
Tavish ;  and  it  is  hoped  that  he  will  be  able  to  strengthen  that 
gentleman  in  his  attempts  to  restore  law  and  order  at  Fort 
Garry. 

In  order  to  give  his  representations  due  weight  and  import- 
ance, Mr.  Smith  has  been  asked  to  act  as  a  Commissioner 
holding  confidential  relations  with  the  Canadian  Government. 
In  that  capacity,  having  once  reached  Fort  Garry,  he  will  be 
able  to  speak  authoritatively  as  to  the  beneficent  intentions  of 
the  Government. 

We  hope  that  calmer  counsels  will  soon  prevail,  and  that 
these  misguided  people  will  disperse.  So  soon  as  they  do  so, 
you  will,  I  presume,  proceed  to  Fort  Garry  and  carry  out  your 
instructions. 

It  will  be  well  for  you  to  arrange  for  sending  messages  to 
St.  Cloud,  so  that  we  may  know  by  telegraph  that  order  has 
been  restored.  On  receiving  this  intimation,  His  Excellency 
will  communicate  the  fact,  by  cable  message,  to  the  Colonial 
Office,  and  the  Proclamation  will  be  at  once  issued.  It  has 
been  hitherto  delayed,  so  that  the  authority  of  the  Hudson's 
Bay  Comr>any  might  continue  unimpaired,  until  it  was  re- 
placed by  the  Canadian  Government,  as  represented  by  you. 

I  have  the  honor  also  to  send  vou  an  Order  in  Council, 
passed  this  day,  on  the  subject  of  Customs  duties. 

You  will  now  be  in  a  position,  in  your  communication  with 
the  residents  of  the  l^orth-West,  to  assure  them : — 

1.  That  all  their  civil  and  religious  liberties  and  privileges 
will  be  sacredly  respected. 

2.  That  all  their  properties,  rights,  and  equities  of  every 
kind,  as  enjoyed  under  the  Government  of  the  Hudson's  Bay 
Company,  will  be  continued  them. 

3.  That,  in  granting  titles  to  land  now  occupied  by  the 
settlers,  the  most  liberal  policy  will  be  pursued. 

4.  That  the  present  tariff  of  Customs  duties  will  be  con- 
tinued for  two  years,  from  the  1st  January  next,  except  in  the 
case  of  spirituous  liquors,  as  specified  in  the  Order  in  Council 
above  alluded  to. 


904  CANADIAN    ARCHIVES 

5.  That  in  forming  your  Council,  the  Governor  General 
will  see  that  not  only  the  Hudson's  Bay  Company,  but  the 
other  classes  of  the  residents,  are  fully  and  fairly  represented. 

6.  That  your  Council  will  have  the  power  of  establishing 
municipal  self-government  at  once  and  in  such  manner  as  they 
think  most  beneficial  to  the  Country. 

7.  That  the  Country  will  be  governed,  as  in  the  past,  by 
British  law,  and  according  to  the  spirit  of  British  justice. 

8.  That  the  present  Government  is  to  be  considered  as 
merely  provisional  and  temporary,  and  that  the  Government 
of  Canada  will  be  prepared  to  submit  a  measure  to  Parliament, 
granting  a  liberal  constitution  so  soon  as  you,  as  Governor, 
and  your  Council  have  had  an  opportunity  of  reporting  fully 
on  the  wants  and  requirements  of  the  Territory. 

You  had,  of  course,  instructions  on  all  the  above-mentioned 
points,  excepting  as  regards  the  tariff,  before  you  left  Ottawa, 
but  it  has  been  thought  well  that  I  should  repeat  them  to  you 
in  this  authoritative  form. 

Trusting  that  ere  long  you  may  be  in  a  position  to  carry 
these  liberal  propositions  practically  into  the  administration 
of  the  affairs  of  the  North- West. 

I  have,  &c. 

Joseph  Howe. 


16.  Proclamation  by  the  Provisional  Government,  Dec.  '8,  1869. 

Declaration  of  the  People  of  Rupert^s  Land  and  the 

North- West. 

Whereas,  it  is  admitted  by  all  men,  as  a  fundamental  prin- 
ciple, that  the  public  authority  commands  the  obedience  and  re- 
spect of  its  subjects.  It  is  also  admitted,  that  a  people,  when  it 
has  no  Government,  is  free  to  adopt  one  form  of  Government, 
in  preference  to  another,  to  give  or  to  refuse  allegiance  to  that 
which  is  proposed.  In  accordance  with  the  above  first  principle 
the  people  of  this  country  had  obeyed  and  respected  the  author- 
ity to  which  the  circumstances  which  surrounded  its  infancy 
compelled  it  to  be  subject. 

A  company  of  adventurers  known  as  the  "Hudson  Bay  Com- 
pany," and  invested  with  certain  powers,  grant-ed  by  His  Ma- 


PIONEEK    LEGISLATION  905 

jesty  (Charles  II),  established  itself  in  Rupert's  Land,  and  in 
the  North-West  Territory,  for  trading  purposes  only.  This 
Company,  consisting  of  many  persons,  required  a  certain  con- 
stitution. But  as  there  was  a  question  of  commerce  only,  their 
constitution  was  framed  in  reference  thereto.  Yet,  since  tliere 
was  at  that  time  no  Government  to  see  to  the  interest  of  a  peo- 
ple already  existing  in  the  country,  it  became  necessary  for  jud- 
icial affairs  to  have  recourse  to  the  officers  of  the  Hudson  Bay 
Company.  This  inaugurated  that  species  of  government  which, 
slightly  modified  by  subsequent  circumstances,  ruled  this  coun- 
try up  to  a  recent  date. 

Whereas,  that  Government,  thus  accepted,  was  far  from  an- 
swering to  the  wants  of  the  people,  and  became  more  and  more 
so,  as  the  population  increased  in  numbers,  and  as  the  country 
was  developed,  and  commerce  extended,  until  the  present  day, 
when  it  commands  a  place  amongst  the  colonies ;  and  this  peo" 
pie,  ever  actuated  by  the  above-mentioned  principles,  had  gen- 
erously supported  the  aforesaid  Government,  and  gave  to  it  a 
faithful  allegiance,  when,  contrary  to  the  law  of  nations,  in 
March,  1869,  that  said  Government  surrendered  and  trans- 
ferred to  Canada  all  the  rights  which  it  had,  or  pretended  to 
have,  in  this  Territory,  by  transactions  with  which  the  people 
were  considered  unworthy  to  be  made  acquaintd. 

And,  whereas,  it  is  also  generally  admitted  that  a  people  is 
at  liberty  to  establish  any  form  of  government  it  may  consiider 
suited  to  its  wants,  as  soon  as  the  power  to  which  it  was  subject 
abandons  it,  or  attempts  to  subjugate  it,  without  its  consent  to 
a  foreign  power ;  and  maintain  that  no  right  can  be  transferred 
to  such  foreign  power.  ISTow,  therefore,  -first,  we,  the  repre- 
sentatives of  the  people,  in  Council  assembled  in  Upper  Fort 
Garry,  on  the  24th  day  of  ITovember,  1860,  after  having  in- 
voked the  God  of  jSTations,  relying  on  these  fundamental  moral 
principles,  solemnly  declare,  in  the  name  of  our  constituents, 
and  in  our  o-\vn  names,  before  God  and  man,  that,  from  the  day 
on  which  the  Government  we  had  always  respected  abandoned 
us,  by  transferring  to  a  strano;e  power  the  sacred  authority 
confided  to  it,  the  people  of  Rupert's  Land  and  the  North- West 
became  free  and  exempt  from  all  allegiance  to  the  said  Govern- 
ment. Second.  That  we  refuse  to  recognize  the  authority  of 
Canada,  which  pretends  to  have  a  right  to  coerce  us,  and  impose 
upon  us  a  despotic  form  of  government  still  more  contrary  to 
our  rights  and  interests  as  British  subjects,  than  was  that  Gov- 
ernment to  which  we  had  subjected  ourselves,  through  necessity 


906  CANADIAN    ARCHIVES 

up  to  recent  date.  Thirdly.  That,  by  sending  an  expedition 
(■n  the  1st  November,  ult.,  charged  to  drive  back  Mr.  William 
McDougall  and  his  companions,  coming  in  the  name  of  Can- 
ada, to  rule  us  with  the  rod  of  despotism,  without  previous 
notification  to  that  effect,  we  have  acted  conformably  to  that 
sacred  right  which  commands  every  citizen  to  offer  energetic 
opposition  to  prevent  this  country  from  being  enslaved.  Fourth. 
That  we  continue,  and  shall  continue,  to  oppose,  with  all  our 
strength,  the  establishing  of  the  Canadian  authority  in  our 
country,  under  the  announced  form ;  and,  in  •  case  of  persis- 
tence on  the  part  of  the  Canadian  Government  to  enforce  its 
obnoxious  policy  upon  us  by  force  of  arms,  we  protest  before- 
hand against  such  an  unjust  and  unlawful  course;  and  we  de- 
clare the  said  Canadian  Government  responsible,  before  God 
and  men,  for  the  innumerable  evils  which  may  be  caused  by 
so  unwarrantable  a  course.  Be  it  known,  therefore,  to  the 
world  in  general,  and  to  the  Canadian  Government  in  particu- 
lar, that,  as  we  have  always  heretofore  successfully  defended 
our  country  in  frequent  wars  with  the  neighbouring  tribes  of 
Indians,  who  are  now  on  friendly  relations  with  us,  we  are 
firmly  resolved  in  future,  not  less  than  in  the  past,  to  repel  all 
invasions  from  whatsoever  quarter  they  may  come ;  and,  further 
more,  we  do  declare  and  proclaim,  in  the  name  of  the  people  of 
Rupert's  Land  and  the  I^orth-West,  that  w^e  have,  on  the  said 
24th  day  of  IsTovember,  1869,  above  mentioned,  established  a 
Provisional  Government,  and  hold  it  to  be  the  only  and  lawful 
authority  now  in  existence  in  Rupert's  Land  and  the  ISTorth- 
West  which  claims  the  obedience  and  respect  of  the  people ; 
that,  meanwhile,  we  hold  ourselves  in  readiness  to  enter  in 
such  negociations  with  the  Canadian  Government  as  may  be 
favourable  for  the  good  government  and  prosperity  of  this  peo- 
ple. In  support  of  this  declaration,  relying  on  the  protection 
of  Divine  Providence,  we  mutually  pledge  ourselves,  on  oath, 
our  lives,  our  fortunes;  and  our  sacred  honor,  to  each  other. 

Issued  at  Fort  Garry,  this  Eighth  day  of  December,  in  the 
year  of  our  Lord,  One  thousand  eight  hundred  and  sixty-nine. 

John    Brucu,,    Pros. 
Louis   Riel^    Sec. 


PIONEEE    LEGISLATION  9^7 


lU.  Commission  issued  to  Donald  A.  Smith  appointing  him 
Special  Commissioner,  Dec.  11,  1869. 

CANADA. 

^^TORIA,    BY   THE   GrACE   OF   GoD,   &C. 

To  Donald  A.  Smith,  of  the  City  of  Montreal,  in  the  Province 
of  Quebec,  and  Dominion  of  Canada,  Esquire,  and  to  all 
others  to  whom  the  same  may  in  any  wise  concern, 

Greeting : 


w 


HEREAS,  by  an  Act  of  the  Parliament  of  Canada,  passed 
in  the  thirty-second  and  thirty-third  years  of  Our  Reign, 
intituled :  "  An  Act  for  the  temporary  Government  of  Rupert's 
Land  and  the  North- West  Territory,  when  united  to  Canada," 
it  is  recited  that  it  is  probable  that  we  may  be  pleased  to  admit 
Rupert's  Land  and  the  2Torth-West  Territory  into  the  Union 
of  the  Dominion  of  Canada,  before  the  then  next  Session  of 
the  Canadian  Parliament,  and  that  it  is  expedient  to  prepare 
for  the  transfer  of  the  said  Territories  from  the  Local  Author- 
ities to  the  Government  of  Canada,  at  the  time  appointed  by 
us  for  the  Civil  Government  of  such  Territories,  until  more 
permanent  arrangements  can  be  made  by  the  Government  and 
Legislature  of  Canada,  and  it   is   by   the    said   Act   in   effect 
enacted  that  our  Governor  may  authorize  and  empower  such 
officer  as  he  may  appoint  as  Lieutenant  Governor  of  the  ITorth- 
West  Territories,  and  who  shall   administer  the  Government 
as  by  the  said  Act  contemplated. 

And,  whereas,  in  the  preparation  for  the  transfer  of  the 
said  Territories,  Our  Governor  of  Canada  was  pleased  to  send 
the  Honourable  Wm.  McDougall,  the  gentleman  selected  to 
be  the  Lieutenant  Governor  as  aforesaid,  on  its  union  with 
Canada,  in  advance  and  in  anticipation  of  the  nnion,  and  his 
entry  into  the  said  Territories  was  obstructed  and  prevented 
by  certain  armed  parties  who  have  declared  their  discontent 
and  dissatisfaction  at  the  proposed  union,  and  their  intention 
to  resist  the  same  by  force. 

And.  whereas,  it  is  expedient  that  inquiry  should  ^be  had 
into  the'  causes  and  extent  of  such  obstructing,  opi>osition  and 
discontent,  as  aforesaid. 


908  CANADIAN    ARCHIVES 

Now  know  ye,  that  having  confidence  in  your  honesty, 
fidelity,  and  integrity,  we  do,  by  these  presents,  nominate,  con- 
stitute, and  appoint  you,  the  said  Donald  A.  Smith,  to  be  our 
Special  Commissioner,  to  enquire  into  the  causes,  nature,  and 
extent  of  the  obstruction  offered  at  the  Red  River,  in  the  ISTorth- 
West  Territories,  to  the  peaceable  ingress  of  the  Honourable 
William  McDougall,  and  other  parties,  authorized  by  our 
Governor  General  of  Canada  to  proceed  into  the  same;  and 
also  to  enquire  into  the  causes  of  discontent  and  dissatisfaction 
alleged  to  exist  in  respect  to  the  proposed  union  of  the  said 
l^orth-West  Territories  with  the  Dominion  of  Canada;  and 
further  to  explain  to  the  inhabitants  of  the  said  Country,  the 
principles  on  which  the  Government  of  Canada  intends  to 
administer  the  Government  of  the  Country,  according  to  such 
instructions  as  may  be  given  to  you  by  Our  Governor  in  Coun- 
cil in  this  behalf;  and  to  take  steps  to  remove  any  misappre- 
hensions which  may  exist  in  respect  to  the  mode  of  Govern- 
ment of  the  same,  and  to  report  to  Our  Governor  General  the 
result  of  such  enquiries;  and  on  the  best  mode  of  quieting  anl 
removing  such  discontent  and  dissatisfaction ;  and  also  to  report 
on  the  most  proper  and  fitting  mode  for  effecting  the  speedy 
transfer  of  the  Country  and  Government  from  the  authority 
of  the  Hudson's  Bay  Company  to  the  Government  of  Canada, 
with  the  general  assent  of  the  inhabitants. 

And 'further,  to  consider  and  report  on  the  most  advisable 
mode  of  dealing  with  the  Indian  Tribes  in  the  JSTorth-West  Ter- 
ritories. 

To  have  and  to  hold  the  said  office  of  Commissioner,  for  the 
purposes  aforesaid  unto  you  the  said  Donald  A.  Smith,  during 
pleasure. 

In  testimony  whereof,  &c, 

(Great  Seal.) 


Department  of  Secretary  of  State  for  the  Provinces, 

Ottawa,  24th  December,  1869. 

To  the  Eon.  Wm.  McDougall,  C.B., 

Pembina. 

Sir, — Your  despatch,  dated  Pembina,  2nd  December,  and 
its  enclosures  A  and  B,  reached  this  office  on  the  18th  instant, 
and  were  promptly  laid  before  the  Governor  General  in  Council. 


PIONEER    LEGISLATIOiN'  909 

As  it  would  appear  from  these  documents  that  you  have 
used  the  Queen's  name  without  her  authority — attributed  to 
Her  Majesty  acts  which  she  has  not  yet  performed — and  organ- 
ized an  armed  force  within  the  Territory  of  the  Hudson's  Bay 
Company,  without  warrant  or  instructions,  I  am  commanded 
to  assure  you  that  the  grave  occurrences  which  you  report  have 
occasioned  here  great  anxiety. 

The  exertion  of  military  force  against  the  misguided  people 
now  in  arms,  even  if  under  the  sanction  of  law,  was  not  to  be 
hastily  risked,  considering  the  fearful  consequences  which  might 
ensue,  were  the  Indians,  many  of  them  but  recently  in  contact 
with  the  white  inhabitants  of  the  neighbouring  States,  drawn 
into  the  conflict.  But  as  the  organization  and  use  of  such  force 
by  you  was,  under  the  circumstances,  entirely  illegal,  the  Gov- 
ern6r  General  and  Council  cannot  disguise  from  you  the  weight 
of  responsibility  you  have  incurred. 

Acting  on  the  belief  that  the  country  would  be  quietly  trans- 
ferred, with  the  general  assent  of  the  inhabitants,  all  the  pre- 
paratory arrangements  were  made,  as  you  were  aware,  in  anti- 
cipation that,  on  or  about  the  1st  December,  the  Territory  would 
be  surrendered  by  the  Company  to  the  Queen,  and  that  there- 
upon, Her  Majesty  would  issue  Her  Proclamation,  fixing  a  day 
for  the  Union  of  the  country  with  Canada. 

The  Proclamation,  when  officially  communicated  to  you, 
would  enable  you,  under  the  Commission  and  authority  given 
in  anticipation  of  that  event,  to  enter  legally,  upon  the  ap- 
pointed day,  on  the  discharge  of  your  official  duties  as  Governor 
of  the  ITorth  West. 

In  the  Commission  issued  on  the  28th  September,  you  were 
empowered  to  enter  upon  the  duties  of  Government,  only  "  on, 
from,  and  after  the  day  to  be  named  "  in  the  Queen's  Proclama- 
tion ;  and  in  the  instructions  handed  to  you  with  the  Commis- 
sion, you  are  directed  to  proceed  to  Fort  Garry,  and  "  be  ready 
to  assume  the  Government  of  the  Territories  on  their  actual 
transfer  to  Canada." 

That  you  clearly  understood  this  limitation  of  authority  was 
hoped  from  your  letter  from  Pembina,  of  the  7th  November, 
addressed  to  Governor  McTavish,  and  communicated  to  this 
Department,  in  which  you  say  ''  I  shall  remain  here  until  I  hear 
officially  of  the  transfer  of  authority,  and  shall  then  be  guided 
by  circumstances  as  to  what  I  shall  say  and  do,"  and  because,  in 
yourletter  of  the  14th  ISTovember,  addressed  to  this  Department, 
you  thus  refer   to   some    injudicious    proposal   made   by  your 


910  CANADIAN    ARCHIVES 

friends :  "  the  recommendation  that  I  should  issue  a  Proclama- 
tion, is  not  made  for  the  first  time,  but  I  have  uniformly  replied 
that  until  the  transfer  of  the  Territory  has  taken  place,  and  I 
am  notified  of  the  fact,  I  shall  not  assume  any  of  the  responsi- 
bilities of  Government." 

The  peaceful  surrender  of  the  country  v/as  assum^ed  through- 
out the  negotiations,  and  this  Government  never  claimed  or 
pretended  to  exercise  any  authority  within  IsTorth  West,  until 
invested  with  the  Sovereignty  by  the  terms  of  the  Queen's  Pro-, 
clamation. 

The  transfer  of  the  Territories  would,  no  doubt,  have  been 
proclaimed  on  or  about  the  1st  December,  had  not  your  report 
of  the  31st  October,  and  the  documents  which  accompanied  it, 
changed  the  whole  position  of  affairs,  and  thrown  upon  this 
Government  grave  responsibilities  of  a  very  novel  character. 
In  those  papers  you  represented  that  serious  obstruction  had 
been  opposed  to  your  entrance  into  the  country,  that  a  large 
number  of  persons  were  opposed  to  the  establishment  of  the 
authority  of  the  Dominion,  that  a  Provisional  Government  had 
been  formed,  and  the  roads  barricaded  and  guarded.  That 
some  of  the  Catholic  Clergy  were  openly  abetting  these  move- 
ments, and  that  the  officers  of  the  Hudson's  Bay  Company,  if 
not  aiding  the  revolutionists,  were  unable  to  control  them. 

Your  despatch  was  received  here  on  the  19th  l^ovember, 
and  on  the  26tli  those  of  the  5th  and  17th  came  to  hand,  frora 
which  it  appeared  that  the  insurrectionary  movement  had  still 
continued  without  check,  and  that  the  Hudson's  Bay  Officers 
were  powerless,  and  that  you  had  been  driven  out  of  the  country. 

The  facts  disclosed  in  these  despatches  entirely  changed  the 
basis  upon  which  the  negotiations,  in  perfect  good  faith  on  the 
part  of  the  Dominion,  had,  up  to  that  time,  been  conducted  with 
the  Hudson's  Bay  Company,  and  with  the  Imperial  Govern- 
ment. 

If,  with  the  facts  before  them,  the  Canadian  Government 
accepted  the  responsibility  of  governing,  or  rather,  assuming 
the  Government  of  a  country  that  could  only  be  recovered  by 
conquest,  at  a  vast  distance  from  the  base  of  operations,  and 
Avhich,  for  many  months,  could  only  be  approached  through  the 
United  States,  they  could  hardly  justify  an  act  of  such  preci- 
pitancy to  Parliament  and  the  country;  while  it  is  equally  clear 
that  if  you  were  invested  with  the  legal  title  to  govern  without 
being  able  to  get  into  Rupert's  Land,  or  exercise  any  authority, 
the  revolutionary  Government  would  be  strengthened  by  your 


PIONEER    LEGISLATION  911 

weakness,  and  would,  in  fact,  (the  Proclamation  having  super- 
seded Governor  McTavish)  be  the  only  Government  in  the  Ter- 
ritory until  put  down  by  force  of  arms. 

It  was  a  matter  of  necessity  then,  rather  than  choice,  to 
delay  the  issue  of  the  Queen's  Proclamation,  and  it  was  assumed 
here  that  the  necessity  would  be  as  apparent  to  you  as  it  was  to 
the  Privy  Council. 

To  postpone  the  surrender  by  the  Company  until  it  was  able 
to  transfer,  not  only  its  own  rights,  but  the  Territory  itself,  to 
Her  Majesty;  to  stay  the  issue  of  the  Queen's  Proclamation, 
and  to  leave  with  the  Hudson's  Bay  Company  and  the  Imperial 
Government  the  obligation  of  enforcing  order,  and  asserting  the 
rights  of  the  Sovereign,  was  the  first  duty  of  this  Government ; 
and  the  Governor  General  and  Council  had  hoped  that  this 
would  be  as  obvious  to  you  as  to  them. 

They  had  another  duty,  and  to  that  they  addressed  them- 
selves without  delay.  It  was  to  disabuse  the  minds  of  the  peo- 
ple of  Rupert's  Land  of  the  erroneous  impressions  under  which, 
there  was  too  much  reason  to  fear,  that  they  had  acted,  and  to 
restore  tranquillity  by  peaceful  means.  The  measures  taken 
with  this  view  were  explained  to  you  in  my  despatches  of  the 
19th  and  29th  :Nrovember,  and  of  the  Yth,  8th,  10th,  11th  and 
17th  December.  In  none  of  those  despatches  will  there  be  found 
any  warrant  or  authority  for  the  proceedings  reported  in  your 
despatch  of  the  2nd  December.  It  is  to  be  regretted  that  they 
had  not  reached  you  sooner;  but  the  sanguine  hope  is  enter- 
tained here  that,  if  no  collisions  have  taken  place,  or  blood  been 
shed  till  you  have  read  those  despatches,  and  conferred  with  the 
gentlemen  who  have  been  sent  to  Red  River,  matters  may  yet 
wear  a  more  cheerful  aspect,  and  the  Government  of  the  Terri- 
tory be  assumed  with  some  guarantee  for  order,  and  with  all 
the  formalities  of  law.  Whether  this  hope  is  realised  or  not, 
your  duty  is  plain ;  and  I  am  commanded  by  his  Excellency  to 
instruct  you  to  remain  at  Pembina  until  you  can  get  peaceable 
access  to  Fort  Garry,  with  the  assent,  and  under  the  protection 
of  the  Hudson's  Bay  Company  authorities  that  you.  are  to  take 
every  means  of  removing  the  misapprehensions  that  exist  in  the 
minds  of  the  residents,  by  explanations  and  otherwise ;  and  that 
you  are  to  exercise  no  acts  of  authority  on  behalf,  or  in  the 
name  of  the  Government  of  Canada,  until  officially  informed 
that  the  Queen's  Proclamation  has  issued,  and  until  you  shall 
have  assumed  the  Government,  and  taken  the  oaths  of  office,  on 
or  after  the  day  fixed  in  it  for  the  union  of  the  countries. 


912  CANADIAN    ARCHIVES 

As  the  course  of  action  proposed  by  you  in  your  despatch  of 
the  2nd  December  was  to  be  carried  out  before  an  answer  could 
possibly  reach  you,  I  have  delayed  replying  for  some  days,  in 
order  to  learn,  if  possible,  the  result  of  your  policy;  but  the 
receipt  of  your  despatch  of  the  6th  instant  which  reached  me 
on  the  23rd  with  its  enclosures,  2a^  2b^  and  2o ;  and  the  course 
taken  by  Col.  Dennis,  as  described  in  those  papers,  make  it 
necessary,  without  further  delay,  to  send  this  despatch  by  a 
special  messenger. 

I  wish  I  could  inform  you,  that  this  report  had  entirely 
relieved  the  Governor  General  and  Council  from  the  anxiety 
already  expressed.  It  is  true  that  no  blood  had  been  shed  up  to 
the  6th,  and  you  had  not  carried  out  your  intention  of  occupy- 
ing the  Stockade  near  Pembina  with  an  armed  party,  but  the 
proceedings  of  Colonel  Dennis,  as  reported  by  himself,  are  so 
reckless  and  extraordinary,  that  there  can  be  no  relief  from 
solicitude  here  while  an  officer  so  imprudent  is  acting  under 
your  authority. 

Had  the  inhabitants  of  Rupert's  Land,  on  the  breaking  out 
of  the  disturbances,  risen  and  put  an  end  to  them,  or  had  Gov- 
ernor McTavish  organized  a  force  to  occupy  his  Forts,  and 
maintain  his  authority,  all  would  have  been  well,  and  Kiel  and 
his  people  would  have  been  responsible  for  any  bloodshed  or 
property  destroyed.  But  Colonel  Dennis,  with  no  legal  author- 
ity, proceeds  to  seize  the  Fort,  then  in  possession,  not  of  the  in- 
surgents, but  of  the  Hudson's  Bay  Company,  and  to  garrison 
it  with  a  mixed  force  of  Whites  and  Indians,  and  proposes  to 
give  battle  to  the  insurgents,  should  a  junction  be  formed  with 
some  forces  which  he  has  ordered  to  be  drilled  on  the  Assinni- 
boine.  He  appears  never  to  have  thought  that  the  moment  war 
commenced,  all  the  white  inhabitants  would  be  at  the  mercy  of 
the  Indians,  by  whom  they  are  largely  outnumbered,  and,  div- 
ided as  they  would  be,  might  be  easily  overpowered. 

It  is  impossible  to  read  the  Colonel's  account  of  his  attempt 
to  persuade  Judge  Black  to  aid  him  in  proclaiming  martial 
law,  without  strong  feelings  of  regret,  that  you  should  have 
been  represented  in  the  settlements  by  a  person  with  so  little 
discretion.  It  is  no  wonder  that  Judge  Black  was  "  fright- 
ened "  at  the  proposal,  as  he  must  have  known  that  Colonel 
Dennis  would  have  to  answer,  at  the  bar  of  justice,  for  every 
life  lost  by  such  an  assumption  of  authority,  and  that  the  illegal 


PIONEER    LEGISLATION  913 

seizure  of  an  x\merican  citizen,  would  at  once  provoke  inter- 
ference in  the  quarrel,  and  lead  to  very  serious  complications. 

I  have,  &c., 

Joseph  Howe. 


IS.  Orders  of  the  Provisional  Government  of  Rupert's  Land, 

Jan.^  8,  1870}^^ 

The  people  of  Rupert's  Land  are  notified  by  these  pre- 
sents : — 

That  at  a  meeting  of  the  Eepresentatives  of  the  People,  held 
at  Fort  Garry,  on  the  27th  day  of  December,  1869,  the  follow- 
ing resolutions  were  adopted : — 

1st, — Mr.  John  Bruce  having,  on  account  of  ill  health, 
resigned  his  position  as  president,  Mr.  Louis  Kiel  was  chosen 
to  replace  him. 

The  new  president  takes  this  opportunity,  in  conjunction 
wath  the  Representatives  of  the  People,  to  express  their  high 
sense  of  the  qualities  which  distinguish  the  ex-president.  Among 
others,  his  modesty,  the  natural  moderation  of  his  character, 
and  the  justness  of  his  judgment.  These  qualities,  which  were 
of  such  great  assistance  to  the  people,  deserve  public  recognition, 
and  the  Representatives  accepted  his  resignation  only  in  the 
hope  thereby  to  preserve  the  health  of  one  dear  to  them. 

2nd. — Mr.  Frangois  Xavier  Dauphinais  has  been  chosen 
Vice-President. 

3rd. — Mr.  Louis  Schmidt  has  been  appointed  Secretary  of 
the  council. 

4th. — Mr.  W.  B.  O'Donohue  has  been  appointed  Secretary- 
Treasurer. 

5th. — Mr.  Ambroise  Lepine  has  been  appointed  Adjutant- 
General. 

6th. — It  has  been  decided  that  Mr.  A.  G.  B.  Bannatyne 
should  be  continued  in  his  position  as  Postmaster. 

7th. — All  the  officers  or  employes  of  the  old  government  who 
mio-ht  pretend  to  exercise  that  old  authority  shall  be  punished 
for  high  treason. 

1  Begg.    History  of  the  North  West.  I.  440. 

28159—58 


914  CANADIAN    ARCHIVES 

8th. — Justice  shall  be  administered  by  the  Adjutant-Gen- 
eral, whose  council  shall  be  composed  of  Mr.  A.  G.  B.  Banna- 
tyne,  F.  X.  Dauphinais  and  Pierre  Poitras.  This  council  will 
sit  on  the  first  and  third  Monday  of  each  month. 

9th. — All  licenses  for  the  sale  of  intoxicating  liquors  must 
be  given  by  the  Adjutant's  council,  and  all  those ^who  took  this 
kind  of  license  on  the  1st  December  last,  must  have  them  re- 
newed by  the  said  council. 

In  publishing  these  orders  the  President  and  Represent- 
atives of  the  People,  anxious  to  draw  upon  the  exercise  of  their 
authority  the  blessing  of  Heaven  and  the  approbation  of  all, 
announce  to  the  people  of  Rupert's  Land  that  they  have  par- 
doned twelve  political  prisoners,  showing  thereby  that  clemency 
and  forgiveness  are  as  familiar  to  them  as  severity. 

Louis  Riel^  President. 
Louis  Schmidt^  Secretary. 


19.  Official  Orders  of  the  Provisional  Government,  Mar.  5, 

1870.^^^ 

OFFICIAL    ORDERS. 

It  is  hereby  ordered  that  the  To"\vn  of  Winnipeg  be  and 
shall  be  hereafter  the  Capital  of  the  ]^orth-West. 

That  the  bounds  of  said  town  be  as  follows: — The 
Assiniboine  River  on  the  South;  Red  River  on  the  East;  Mc- 
Dermott's  Creek  on  the  North,  and  on  the  West  by  Spence's 
Creek. 

In  response  to  a  petition  from  the  citizens  of  the  Town  of 
Winnipeg  asking  for  a  separate  representation  in  the  Provi- 
sional Government,  and  protest  against  having  said  town  con- 
solidated with  St.  John's  Parish ;  that  the  said  Town  of  Winni- 
peg be  entitled  to  a  representation  by  two  members  in  the  Pro- 
visional Government  and  that  the  election  for  said  members  be 
held  at  the  Engine  House,  betwen  the  hours  of  three  and 
five  o'clock  p.m.  on  Saturday,  March  5th,  1870. 
By  order  of  the  President, 

Louis  Schmidt, 

Ass't.  Secy. 
Dated  Fort  Garry,  Head  Quarters 

Provisional  Government,  March  5th,  1870. 

*  Dominion  Archives,  M  192,  p.  28. 


PIONEEK    LEGISLATION  915 

20.  Besolutions  of  the  Council  of  the  Provisional  Government, 
Mar.  15,  1870.^^^ 

1st.  That  we,  the  representatives  of  the  inhabitants  of  the 
]^orth-West,  consider  that  the  Imperial  Government,  the  Hud- 
son's Bay  Company,  and  the  Canadian  Government,  in  stipula- 
ting for  the  transfer  of  the  government  to  the  Dominion  Gov- 
ernment, without  first  consulting,  or  even  notifying,  the  people 
of  such  transfer,  have  entirely  ignored  our  rights  as  people  of 
the  i^orth-West  Territory. 

2nd.  That  notwithstanding  the  insults  and  sufferings  borne 
by  the  people  of  the  iN'orth-West  heretofore;  which  sufferings 
they  still  endure — the  loyalty  of  the  people  of  the  JSTorth-West 
towards  the  Crown  of  England  remains  the  same,  provided  the 
rights,  properties,  usages  and  customs  of  the  people  be  re- 
spected; and  we  feel  assured  that  as  British  subjects  such 
rights,  properties,  usages  and  customs  will  undoubtedly  be  re- 
spected. 


21.  List  of  Bights  presented  to  the  Dominion  Gov  eminent. ^^^ 

1st.  That  the  Territories,  heretofore  known  as  Rupert's 
Land  and  IsTorth  West,  shall  not  enter  into  Confederation  of 
the  Dominion,  except  as  a  province,  to  be  styled  and  known  as 
the  Province  of  Assiniboia,  and  with  all  the  rights  and  privi- 
leges common  to  the  different  provinces  of  the  Dominion. 

2nd.  That  we  have  two  representatives  in  the  Senate,  and 
four  in  the  House  of  Commons  of  Canada,  until  such  time  as 
an  increase  of  population  entitles  the  province  to  a  greater  re- 
presentation. 

3rd.  That  the  Province  of  Assiniboia  shall  not  be  held 
liable,  at  any  time,  for  any  portion  of  the  public  debt  of  the 
Dominion,  contracted  before  the  date  the  said  province  shall 
have  entered  the  Confederation  unless  the  said  province  shall 
have  first  received  from  the  Dominion  the  full  amount  for  which 
the  said  province  is  to  be  held  liable. 

4th.  That  the  sum  of  eighty  thousand  dollars  be  paid  an- 
nually by  the  Dominion  Government,  to  the  Local  Legislature 
of  this  province. 

^  Begg.    History  of  the  North  West,  Vol.  I.,  473. 
»  Begg.    History  of  the  North  West,  Vol.  I.,  476-478. 

28159— 58i 


916  CANADIAN    ARCHIVES 

5th.  That  all  properties,  rights  and  privileges  enjoyed  by 
the  people  of  this  province,  up  to  the  date  of  our  entering  into 
the  Confederation,  be  respected,  and  that  the  arrangement  and 
■confirmation  of  all  customs,  usages  and  privileges  be  left  exclu- 
sively to  the  Local  Legislature. 

6th.  That  during  the  term  of  five  years  the  Province  of 
Assiniboia  shall  not  be  subjected  to  any  direct  taxation,  except 
such  as  may  be  imposed  by  the  Local  Legislature  for  municipal 
or  local  purposes. 

7th.  That  a  sum  of  money,  equal  to  eighty  cents  per  head 
of  the  population  of  this  province,  be  paid  annually  by  the  Can- 
adian Government  to  the  Local  Legislature  of  the  said  province, 
until  such  time  as  the  said  population  shall  have  increased  to 
six  hundred  thousand. 

8th.  That  the  Local  Legislature  shall  have  the  right  to  de- 
termine the  qualifications  of  members  to  represent  this  province 
in  the  Parliament  of  Canada  and  in  the  Local  Legislature. 

9th.  That  in  this  province,  with  the  exception  of  uncivilized 
and  unsettled  Indians,  every  male  native  citizen  who  has  attain- 
ed the  age  of  twenty-one  years ;  and  every  foreigner,  being  a 
British  subject,  who  has  attained  the  same,  and  has  resided 
three  years  in  the  province,  and  is  a  householder;  and  every 
foreigner  other  than  a  British  subject,  who  has  resided  here 
during  the  same  period,  being  a  householder,  and  having  taken 
the  oath  of  allegiance,  shall  be  entitled  to  vote  at  the  election  of 
members  for  the  Local  Legislature  and  for  the  Canadian  Par- 
liament. It  being  understood  that  this  article  be  subject  to 
amendment,  exclusively  by  the  Local  Legislature. 

10th.  That  the  bargain  of  the  Hudson's  Bay  Company,  in 
the  respect  to  the  transfer  of  the  government  of  this  country  to 
the  Dominion  of  Canada,  be  annulled  so  far  as  it  interferes 
with  the  rights  of  the  people  of  Assiniboia  and  so  far  as  it 
would  affect  our  future  relations  with  Canada. 

11th.  That  the  Local  Legislature  of  the  Province  of  Assini- 
boia shall  have  full  control  over  all  the  public  lands  of  the  pro- 
vince, and  the  right  to  annul  all  acts  or  arrangements  made  or 
entered  into  with  reference  to  the  public  lands  of  Rupert's 
Land  and  the  ISTorth-West,  now  called  the  Province  of  Assini- 
boia. 

12th.  That  the  Government  of  Canada  appoint  a  Commis- 
sioner of  Engineers  to  explore  the  various  districts  of  the  Pro- 
vince of  Assiniboia,  and  to  lay  before  the  Local  Legislature  a 


PIONEER    LEGISLATION  917 

report  of  the  mineral  wealth  of  the  province,  within  five  years  • 
from  the  date  of  our  entering  into  Confederation. 

13th.   That  treaties  be  concluded  between  Canada  and  the- 
different  Indian  tribes  of  the  Province  of  Assiniboia^  by  and 
with  the  advice  and  co-operation  of  the  Local  Legislature  of 
this  province. 

14th.  That  an  uninterrupted  steam  communication  from^ 
Lake  Superior  to  Fort  Garry  be  guaranteed  to  be  completed 
within  the  space  of  five  years. 

15th.  That  ^11  public  buildings,  bridges,  roads,  and  other 
public  works  be  at  the  cost  of  the  Dominion  Treasury. 

16th.   That  the  English  -and  French  languages  be  common 
in  the  Legislature,  and  in  the  Courts,  and  that  all  public  docu-  ■ 
ments  as  well  as  Acts  of  the  Legislature,  be  published  in  both 
languages. 

lYth.  That  whereas  the  French  and  English-speaking  people 
of  Assiniboia  are  so  equally  divided  as  to  numbers  yet  so  united 
in  their  interests,  and  so  connected  by  commerce,  family  con- 
nections, and  other  political  and  social  relations,  that  it  has 
happily  been  found  impossible  to  bring  them  into  hostile  colli- 
sion, although  repeated  attempts  have  been  made  by  designing: 
strangers  for  reasons  known  to  themselves  to  bring  about  so 
ruinous  and  disastrous  an  event. 

And  whereas,  after  all  the  troubles  and  apparent  dissensions 
of  the  past,  the  result  of  misunderstanding  among  themselves 
they  have,  as  soon  as  the  evil  agencies  referred  to  above  were 
removed,  become  as  united  and  friendly  as  ever;  therefore,  as 
a  means  to  strengthen  this  union  and  friendly  feeling  among 
all  classes  we  deem  it  expedient  and  advisable : 

That  the  Lieutenant-Governor  who  may  be  appointed  for 
the  Province  of  Assiniboia  should  be  familiar  with  both  the 
French  and  English  languages. 

18th.  That  the  Judges  of  the  Superior  Court  speak  the  Eng- 
lish and  French  languages. 

19th.  That  all  debts  contracted  by  the  Provisional  Govern- 
ment of  the  Territory  of  the  North- West,  now  called  Assiniboia, 
in  consequence  of  the  illegal  and  inconsiderate  measures  adopt- 
ed by  Canadian  officials  to  bring  about  a  civil  war  in  our  midst, 
be  paid  out  of  the  Dominion  Treasury,  and  that  none  of  the 
members  of  the  Provisional  Government  or  any  of  those  acting 
under  them  be  in  any  way  held  liable  or  responsible  with  regard 
to  the  movement,  or  any  of  the  actions  which  led  to  the  present 
negotiations. 


918  CANADIAN    ARCHIVES 

20tb.  That  in  view  of  the  present  exceptional  position  of 
Assiniboia  duties  upon  goods  imported  into  the  province  shall, 
except  in  the  case  of  spirituous  liquors,  continue  as  at  present 
for  at  least  three  years  from  the  date  of  our  entering  the  Con- 
federation, and  for  such  further  time  as  may  elapse,  until  there 
be  uninterrupted  railroad  communication  between  Winnipeg 
and  St.  Paul,  and  also  steam  communication  between  Winnipeg 
iind  Lake  Superior. 

22.  Proclamation  to  the  people  of  the  North-West,  April  9, 

Peoclamation. 

To  the  People  of  the  !N"orth-West — 

Let  the  assembly  of  twenty-eight  representatives  which  met 
on  the  9th  of  March  be  dear  to  the  people  of  Ked  Eiver ;  that 
assembly  has  shown  itself  worthy  of  confidence.  It  has  worked 
in  union ;  the  members  devoted  themselves  to  public  interests, 
and  yielded  only  to  the  sentiments  of  good  will,  duty,  and  gen- 
erosity. Thanks  to  that  noble  conduct  public  authority  is  now 
strong;  that  strength  will  be  employed  to  sustain  and  protect 
the  people  of  the  country.  To-day  the  Government  pardons  all 
those  whom  political  differences  led  astray  only  for  a  time.  An 
amnesty  will  be  generously  accorded  to  all  those  who  will  sub- 
mit to  the  Government ;  who  will  discountenance  or  inform 
against  dangerous  gatherings.  Prom  this  day  forth  public  high- 
ways are  open,  and  the  Hudson  Bay  Company  can  now  resume 
business.  Themselves  contributing  to  the  public  good,  they  circu- 
late their  money  as  of  old.  They  pledge  themselves  to  that 
course.  The  attention  of  the  Government  is  also  directed  very 
especially  to  the  northern  part  of  the  country,  in  order  that 
trade  may  not  receive  any  serious  check,  and  that  peace  in  the 
Indian  districts  may  thereby  be  all  the  more  securely  main- 
tained. The  disastrous  war  which  was  at  one  time  threatened 
has  left  among  us  foes,  and  various  deplorable  results,  but  the 
people  feel  reassured;  and  elected  by  the  gTace  of  Providence 
and  the  suffrages  of  my  fellow-countrymen  to  the  highest  posi- 
tion in  the  Government  of  my  country,  I  proclaim  that  peace 
reigns  in  our  midst  this  day.  The  Government  will  take  every 
precaution  to  prevent  this  peace  from  being  disturbed.     While 

*  Dominion  Archives,  P.  F.  105  No.  10,  p.  127. 


PIONEER    LEGISLATION  919 

internallj  all  is  thus  returning  to  order ;  externally  also  matters 
are  looking  favourable.  Canada  invites  the  Eed  River  people 
to  an  amicable  arrangement.  She  offers  to  guarantee  us  our 
rights,  and  to  give  us  a  place  in  the  Confederation  equal  to  that 
of  any  of  the  other  Provinces.  As  defined  by  the  Provincial 
Oovernment,  our  national  existence  will  be  based  upon  justice, 
and  shall  be  respected.  Oh,  happy  country !  to  have  escaped 
many  misfortunes  that  were  prepared  for  her  in  seizing  her 
children  on  the  point  of  war.  She  recommends  that  old  friend- 
ship which  used  to  bind  us,  and  by  the  ties  of  the  same  patriot- 
ism she  has  renewed  them  again  for  the  sake  of  preserving  their 
lives,  their  liberty,  and  their  happiness.  Let  us  remain  united 
and  we  shall  be  happy,  with  the  strength  of  unity.  We  shall 
retain  prosperity.  Ah,  my  fellow-countrymen,  without  distinc- 
tion of  language,  or  without  distinction  of  creed,  keep  my  words 
in  your  hearts.  If  ever,  in  time,  division  should  unfortunately 
take  place  amongst  us,  as  foreigners  have  heretofore  sought  to 
create,  that  will  be  a  signal  for  all  the  disasters  which  we  have 
had  the  happiness  to  avoid.  In  order  to  prevent  similar  calami- 
ties the  Government  will  treat  with  all  the  severity  of  the  laws 
those  who  dare  again  to  compromise  the  public  safety.  It  is 
ready  to  act  against  the  disorder  of  parties,  as  well  as  against 
that  of  individuals ;  but  let  us  hope,  however,  that  extreme  mea- 
sures will  be  unknown,  and  that  the  lessons  of  the  past  will 


:guide  us  in  the  future. 


(Signed)     Louis  Riel. 


£3.  Report  of  Donald  A.  Smith,  Esq. 

Ottawa,  12th  April,  1870. 

Tlie  Hon,  Joseph  Howe,  Secretary  of  State 
for  the  Provinces,  Ottawa. 

SiE, — In  pursuance  of  the  commission  confided  to  me  by 
His  Excellency  the  Governor  General,  in  relation  to  the  affairs 
of  the  North- West  Territories,  I  addressed  you  from  time  to 
time  during  my  residence  within  Fort  Garry,  a  correspondence 
carried  on  under  very  unfavourable  circumstances,  as  will  ap- 
pear from  the  report  I  have  now  the  honor  to  submit. 

Leaving  Ottawa  on  the  13th  December  last,  I  reached  St. 
Cloud,  the  terminus  of  railway  communication  on  the  I7th,  con- 
tinuing on  the  same  day  by  stage,  and  arriving  at  Abercrombie 


920  CANADIAN    ARCHIVES 

on  the  evening  of  the  19th.  Here  we  had  to  abandon  wheeled 
carriages,  and,  procuring  a  sleigh,  after  a  couple  of  hours'  rest, 
we  resumed  the  journey,  and  on  the  afternoon  of  the  21st,  met 
Hon.  Mr.  McDougall  and  party  about  thirty  miles  beyond 
Georgetown.  From  him  I  learned  how  serious  the  aspect  of 
affairs  had  latterly  become  at  Red  River ;  and,  pushing  on,  we 
got  to  Pembina  about  11  p.m.  of  the  2-lth,  and  to  Fort  Garry 
on  the  27th. 

The  Gate  of  the  Fort  we  found  open,  but  guarded  by  several 
armed  men,  who,  on  my  desiring  to  be  shown  to  Governor  Mac- 
Tavish's  house,  requested  me  to  wait  till  they  could  communi- 
cate with  their  chief.  In  a  short  time,  Mr.  Louis  Kiel  appear- 
ed. I  announced  my  name ;  he  said  he  had  heard  of  my  arrival 
at  Pembina,  and  was  about  to  send  off  a  party  to  bring  me  in. 
I  then  accompanied  him  to  a  room  occupied  by  ten  or  a  dozen 
men,  whom  he  introduced  to  me  as  members  of  the  "Provisional 
Government."  He  requested  t&  know  the  purport  of  my  visit, 
to  which  I  replied  in  substance  that  I  was  connected  with  the 
Hudson's  Bay  Company,  but  also  held  a  commission  from  the 
Canadian  Government  to  the  people  of  Red  River,  and  would 
be  prepared  to  produce  my  credentials  so  soon  as  they,  the  peo- 
ple, were  willing  to  receive  me.  I  was  then  asked  to  take  an 
oath  not  to  attempt  to  leave  the  fort  that  night,  nor  to  upset 
their  government,  legally  established.  This  request  I  perempt- 
orily refused  to  comply  with,  but  said  that,  being  very  tired,  I 
had  no  desire  to  go  outside  the  gate  that  night,  and  promised 
to  take  no  immediate  steps  forcibly  to  upset  the  so-called  "  Pro- 
visional Government,"  "  legal  or  illegal,  as  it  might  be,"  with- 
out first  announcing  my  intention  to  do  so.  Mr.  Riel  taking 
exception  to  the  word  illegal,  while  I  insisted  on  retaining  it. 
Mr.  O'Donohue,  to  get  over  the  difficulty,  remarked  "  That  is 
as  he  "  (meaning  myself)  "  understands  it,"  to  which  I  rejoin- 
ed, "  Precisely  so."  The  above  explanation,  I  am  the  more 
particular  in  giving,  as  it  has  been  reported  that  I  at  once 
acknowledged  the  Provisional  Government  to  be  legal.  ISTeither 
then  nor  afterwards  did  I  do  so. 

I  took  up  my  quarters  in  one  of  the  houses  occupied  by  the 
Hudson's  Bay  Company's  officers,  and  from  that  date  until  to- 
wards the  close  of  February,  was  virtually  a  prisoner  within  the 
Fort,  although  with  permission  to  go  outside  the  walls  for  exer- 
cise, accompanied  by  two  armed  guards,  a  privilege  of  which 
I  never  availed  myself. 

All  my  official  papers  had  been  left  in  charge  of  Mr.  Pro- 
vencher,  at  Pembina,  as  I  had  been  warned  that  if  found  in  my 


PIONEER    LEGISLATION  921 

possession,  they  would  unquestionably  be  seized,  as  were  those 
brought  into  the  Settlement  shortly  after  by  the  Eev.  Mr.  Thi- 
bault  and  Colonel  De  Salaberry. 

The  state  of  matters  at  this  time,  in  and  around  Fort  Garry, 
was  most  unsatisfactory,  and  truly  humiliating.  Upwards  of 
sixty  British  subjects  were  held  in  close  confinement  as  "  poli- 
tical prisoners,"  security  for  persons  or  property,  there  was 
none;  the  Fort,  with  its  large  supplies  of  ammunition,  provi- 
sions, and  stores  of  all  kinds,  was  in  the  possession  of  a  few 
hundred  French  half-breeds,  whose  leaders  had  declared  their 
determination  to  use  every  effort  for  the  purpose  of  annexing 
the  Territory  to  the  United  States ;  and  the  Governor  and  Coun- 
cil of  Assiniboia  were  powerless  to  enforce  the  law. 

On  the  6 til  January,  I  saw  Mr.  Riel,  and  soon  came  to  the 
conclusion  that  no  good  could  arise  from  entering  into  any  nego- 
tiations Avith  his  "  Council,"  even  were  we  to  admit  their  au-- 
thority,  which  I  was  not  prepared  to  do. 

We  learnt  that  on  the  13th,  the  Grand- Vicar  Thibault  and 
Colonel  De  Salaberry  appeared  before  the  "President  and  Coun- 
cil of  the  People,"  when  some  explanations  and  compliments 
were  exchanged,  after  which  the  Very  Eev.  gentleman  and  his 
associate  were  politely  bowed  out  and  lost  sight  of. 

Meantime  we  had  frequent  visits  in  the  Fort  from  some  of 
the  most  influential  and  most  reliable  men  in  the  Settlement, 
w^ho  gladly  made  known  to  the  people  generally,  the  liberal  in- 
tentions of  the  Canadian  Government,  and  in  consequence  one 
after  another  of  Kiel's  Councillors  seceded  from  him,  and  being 
joined  by  their  friends  and  by  many  of  their  compatriots  and 
co-religionists  who  had  throughout  held  aloof  from  the  insur- 
gents, they  determined  no  longer  to  submit  to  his  dictation. 
This  change  evidently  had  a  marked  effect  on  Riel,  causing  him 
to  alter  his  tactics  and  to  profess  a  desire  for  an  accommodation 
with  Canada;  accordingly  on  the  14th  January,  he  called  on 
me,  informed  me  that  he  had  seen  Messrs.  Thibault  and  De 
Salaberry,  whose  itistructions  did  not  authorize  them  to  give 
assurances  that  the  people  would  be  secured  in  possession  of 
their  rights  on  entering  into  the  Confederation,  their  errand 
being  merely  "  to  calm  the  French  Half-breeds."  He  then 
asked  to  see  my  Commission,  and  on  my  explaining  that,  owing 
entirely  to  the  action  taken  by  himself,  it  was  not  in  my  pos- 
session, in  an  excited  yet  faltering  manner  he  said  "  yes.  I 
know,  'tis  a  great  pity,  but  how  soon  could  you  have  it  ?"  "  prob- 
ably in  five  or  six  days,"  I  replied.     "  That  is  too  long,  far  too 


■922  CANADIAN    ARCHIVES 

long  "  he  responded,  and  then  asked  where  the  documents  were 
deposited,  requesting  at  the  same  time  a  written  order  for  their 
delivery  to  his  messenger.  To  this  I  would  not  accede,  but  on 
his  assuring  me  that  they  would  be  delivered  into  my  hands, 
and  that  I  should  be  afforded  an  opportunity  of  communicating 
their  contents  to  the  people,  I  consented  to  send  a  friend  for 
them.  It  was  so  decided,  and  immediately  after  the  messenger 
had  received  his  instructions  from  me,  I  was  placed  imder  strict 
arrest,  a  Captain's  guard  being  assigned  me,  whose  instructions 
were,  not  to  lose  sight  of  me  for  one  moment  day  or  night,  and 
to  prevent  me  from  communicating  either  verbally  or  in  writing 
with  any  individual.  I  protested,  saying,  "  am  I  to  consider' 
myself  a  prisoner  ?"  He  replied,  "  certainly  not,  I  have  the 
utmost  confidence  in  your  honor,  but  circumstances  demand 
this."  It  was  now  about  10  o'clock  and  my  messenger  having 
been  marched  out,  I  retired  to  bed,  but  only  to  be  awakened 
'twixt  two  and  three  o'clock  in  the  morning  of  the  15th,  by 
Mr.  Riel,  who  with  a  guard,  stood  by  the  bed  side  and  again 
demanded  a  written  order  for  the  delivery  of  my  Official 
Papers,  which  I  again  peremptorily  refused  to  give. 

The  well  affected  French  party  became  aware  of  what  had 
han-nened  and  not  believing  in  Riel's  good  faith,  determined  to 
prevent  the  papers  from  falling  into  his  hands.  They  got  to- 
gether some  sixty  or  eighty  men,  who  met  my  friend  on  his  way 
back  and  were  escorting  him,  when  on  the  18th  about  10  miles 
from  the  Fort,  they  were  accosted  by  Riel  and  some  of  his  party, 
and  by  the  Reverend  Mr.  Ritchot.  An  altercation  took  place, 
Riel  attempted  to  use  his  pistol,  saying:  "he  would  not  be 
taken  alive  in  his  own  country,"  on  which  a  revolver  was  level- 
led at  his  head,  and  Mr.  Ritchot,  having  interposed,  he  was  un- 
ceremoniously told  to  stand  aside  and  "  not  to  interfere  any 
further  with  matters  unconnected  with  his  spiritual  duties." 
It  may  be  well  to  note  that  all  those  who  took  part  in  this  affair 
were  Catholics,  and,  with  one  or  two  exceptions,  French  Half- 
breeds.  jSTothing  more  serious  happened  at  this  time  and  the 
party  proceeded  together  to  Fort  Garry,  where  they  arrived  in 
the  forenoon.  A  few  minutes  before  they  entered  the  house, 
the  Very  Rev.  Mr.  Thibault,  Pere  Lestanc  and  Colonel  DeSala- 
berry,  called  upon  me  and,  with  the  exception  of  my  guard  they 
were  the  first  individuals  with  whom  I  was  permitted  to  con- 
verse since  the  14th.  They  appeared  to  be  much  concerned, 
and  said  it  was  currently  reported  I  had  been  endeavouring  to 
incite  the  different  parties  to  hostile  collision.     I  repudiated 


PIO^^EER    LEGISLATION  923 

any  siicb.  charge ;  explained  that  I  had  acted  only  in  the  cause 
of  peace  and  order,  and  with  the  desire  of  making  the  people, 
•both  French  and  English,  fully  acquainted  with  the  liberal 
views  of  the  Canadian  Government,  so  that  a  peaceful  transfer 
of  the  Territory  might  be  effected,  adding  that  I  was  pleased  to 
tliink  there  was  now  every  likelihood  this  would  speedily  be 
accomplished.  In  the  meantime,  the  party  in  possession  of  my 
papers  entered  the  adjoining  room  on  which  Pere  Lestanc 
joined  them,  while  Messrs.  Thibault  and  De  Salaberry  went 
outside.  Immediately  after  they  retired,  Mr.  Riel  came  to  me, 
saying :  "  Your  commission  is  here ;  but  in  the  hands  of  men 
who  had  no  right  to  have  it."  I  expressed  satisfaction  that  it 
had  been  brought  in,  and  said  being  now  in  possession  of  it,  I 
must  be  relieved  from  all  restraint,  and  be  permitted  freely  to 
communicate  with  the  people.  He  at  once  removed  the  guard, 
and  we  went  up  to  the  party  who  had  just  arrived.  Messrs. 
Riel  and  O'Donohue,  with  a  few  of  their  friends,  were  present, 
and  vehemently  protested  against  the  action  now  being  taken, 
while  the  ex-councillors  accused  them  of  treason  to  the  Imperial 
Crown,  and  of  using  every  effort  to  bring  about  the  annexation 
of  the  Country  to  the  United  States.  Riel  replied  "  that  was 
only  supposing  the  people  desired  it,  but  that  he  was  willing  the 
question  should  be  submitted  to  them."  Pere  Lestanc  spoke 
warmly  in  favor  of  the  "  President,"  who,  he  said,  had  acted 
so  as  to  merit  the  gratitude  of  his  countrymen,  and  begged  them 
still  to  place  confidence  in  him.  This  evidently  had  no  effect, 
and  ultimately,  after  a  good  deal  of  recrimination  it  was  ar- 
ranged that  a  meeting  of  the  inhabitants  from  all  parts  of  the 
Settlement  should  be  called  for  the  morrow,  the  19th,  at  which 
the  papers  bearing  on  the  subject  should  be  read,  a  guard  of 
forty  men  remaining  in  the  house  to  ensure  the  safe-keeping  of 
the  documents. 

Riel's  men  were  now  falling  away  from  him,  while  the  loyal 
party  expressed  their  determination  no  longer  to  be  guided  in 
the  matter  either  by  him  or  by  Pere  Lestanc  and  his  asso- 
ciates. They  were  full  of  hope,  and  confident  that  the  follow- 
ing day  would  bring  with  it  complete  success  to  the  cause  of 
Canada. 

Late  that  night,  Pere  Lestanc  paid  them  another  visit, 
which  was  prolonged  for  several  hours  beyond  midnight,  and 
next  morning  it  was  found  that  a  majority  of  those  who  had 
seceded  from  Riel  were  again  on  friendly  terms  with  him. 

The  hour  for  the  meeting  having  arrived,  upwards  of  a 
thousand  people  attended,  and  deeming  it  of  great  importance 


924  CANADIAN    ARCHIVES 

that  the  explanations  to  be  made  on  behalf  of  the  Canadiaa 
Government  should  be  faithfully  rendered  to  the  French  speak- 
ing portion  of  the  Settlers,  whose  leaders  had  studiously  withr  , 
held  from  them  all  knowledge  of  the  true  state  of  matters  ia 
connection  Avith  the  proposed  transfer  of  the  country,  I 
requested  Colonel  de  Salaberry  to  act  as  interpreter,  but  the 
Colonel,  diffident  of  his  own  ability  as  a  translator,  proposed 
Mr.  Kiel  as  interpreter,  and  the  latter  was  appointed  accord'- 
ingly. 

At  this  meeting,  and  that  held  the  following  day,  the  read- 
ing* of  the  Commission,  the  Queen's  Letter,  and  every  other 
document  was  contested  with  much  obstinacy,  but  ultimately 
carried ;  and  threats  were  nsed  to  myself  in  the  presence  and 
hearing  of  the  Chairman,  of  the  Secretary,  Judge  Black,  and 
others,  more  especially  by  Mr.  Riel  and  Rev.  Mr.  Lestanc 
At  the  commencement  of  the  meeting,  I  requested  the  Chair^ 
man  and  those  near  him  to  begin  by  insisting  that  all  arms 
should  be  laid  down,  and  that  the  flag  then  flying  (fleur  de  H3 
and  shamrock)  should  be  replaced  by  the  British  ensign ;  this, 
they  thought,  would  come  better  at  an  after-stage ;  but  the 
opportunity  of  doing  so  now  lost,  never  recurred. 

As  iis  generally  known  the  result  of  the  meeting  was  the 
appointment  of  forty  delegates,  20  from  either  side,  to  meet 
on  25th  January,  "  wdth  the  object  of  considering  the  subject 
of  Mr.  Smith's  Commission,  and  to  decide  Mdiat  would  be  the 
best  for  the  welfare  of  the  country,"  the  English  as  a  body,  and 
a  large  number  of  the  French  declaring  their  entire  satisfaction 
with  the  explanations  given,  and  their  earnest  desire  for  union 
with  Canada. 

On  the  22nd,  Riel  had  several  conferences  with  the  well 
affected  French  within  the  Fort;  he  was  melted  even  to  tears, 
told  them  how  earnestly  he  desired  an  arrangement  with 
Canada,  and  assured  them  that  he  would  lay  down  his  authority 
immediately  on  the  meeting  of  the  Convention.  They  believed 
liim  sincere,  and,  although  I  considered  that  their  guard  in  the 
Fort  should  not  be  decreased,  they  held  that  ten  men  would  be 
amply  sufficient  to  leave  while  they  went  to  secure  their  elec- 
tions ;  the  consequence  was  that  they  had  hardly  gone  when 
repressive  measures  were  resorted  to  and  the  Hudson's  Bay 
Company's  stores  which  had  hitherto  been  only  partially  in 
their  hands,  were  now  taken  complete  possession  of  by  Riel. 

Efforts  were  made  to  have  the  prisoners  released,  but  with- 
out effect. 


PIONEER    LEGISLATION  925 

The  Delegates  met  on  the  25th,  and  continued  in  session 
till  the  10th  February.  On  the  26th,  1  handed  to  their  Chair- 
man, Judge  Black,  the  documents  read  at  the  meetings  of  the 
19th  and  20th  January,  and,  on  the  27th,  attended  the  Conven- 
tion by  appointment.  I  was  received  with  much  cordiality  by 
a]]  the  delegates,  explained  to  them  the  views  of  the  Canadian 
Government,  and  gave  assurances  that  on  entering  confedera- 
tion, they  Avould  be  secured  in  the  possession  of  all  rights,  privi- 
l<^es,  and  immunities  enjoyed  by  British  subjects  in  other 
parts  of  the  Dominion ;  but,  on  being  requested  by  Mr.  Kiel  to 
give  an  opinion  regarding  a -certain  "  list  of  rights,"  prepared 
hj  his  party  in  December  last,  I  declined  to  do  so,  thinking  it 
Wtter  that  the  present  Convention  should  place  in  my  hands  a 
paper,  stating  their  wishes  to  which  I  should  "  be  happy  to 
give  such  answers  as  I  believed  would  be  in  accordance  with  the 
Tiews  of  the  Canadian  Government."  The  Convention  then 
set  about  the  task  of  preparing  a  "  list  of  rights,"  embodying 
l3ie  conditions  on  which  they  would  be  willing  to  enter  the  con- 
federation. While  the  discussion  regarding  this  list  was  going 
©n,  Mr.  Kiel  called  on  me  and  asked  if  the  Canadian  Govern- 
ment would  consent  to  receive  them  as  a  Province — my  reply 
was,  that  I  could  not  speak  with  any  degree  of  certainty  on  the 
subject,  as  it  had  not  been  referred  to  when  I  was  at  Ottawa, 
the  intention  then  being  that  the  North-West  should,  in  the 
first  instance,  be  incorporated  under  the  Dominion  as  a  Terri- 
tory ;  but  I  added,  that  no  doubt  it  would  become  a  Province 
within  two  or  three  years.  On  this  Mr.  Riel,  with  much 
emphasis,  exclaimed  "  then  the  Hudson's  Bay  Company  is  not 
safe  yet,"  to  which  I  answered :  "Mr.  Piel,  that  cannot  influence 
me  in  the  slightest  degree,  and  I  am  quite  prepared  to  act  as 
may  be  required  of  me  in  my  capacity  as  Canadian  Commis- 
sioner." This  was  on  the  evening  of  the  3rd  February,  on  the 
following  day  the  proposition  to  enter  as  a  Province  was  nega- 
tived by  the  Convention,  and  on  the  5th,  another  motion 
directed  against  the  Hudson's  Bay  Company,  also  failed ;  the 
language  used  by  Mr.  Riel  on  the  latter  occasion  having  been 
Tiolent  in  the  extreme.  The  same  evening,  Kiel  proceeded  to 
Governor  McTavish,  who  had  been  dangerously  ill  for  many 
weeks  back,  and  was  then  barely  able  to  sit  up,  placed  a  guard 
over  him,  and  heaping  reproaches  and  insult  on  him,  declared 
ihat  he  would  have  him  shot  before  midnight.  Riel  then 
sought  out  Dr.  Cowan,  the  officer  in  immediate  charge  of  Red 
River  District,  upbraided  him  for  his  persistent  opposition  to 


926  CANADIAN    ARCHIVES 

"  the  people,"  the  insurgents,  and  declariuo-  that  his  name 
would  go  down  with  infamy  to  posterity  for  the  part  he  had 
taken,  demanded  that  he  would  immediately  swear  allegiance 
to  the  Provisional  Government,  or  prepare  for  death  within 
three  hours,  giving  him  a  quarter  of  an  hour  for  consideration. 
The  Doctor  immediately  replied,  that  he  knew  no  legal 
authority  in  the  country,  but  that  of  Great  Britain,  to  which 
his  allegiance  was  due  and  that  he  would  not  take  the  oath 
required  of  him.  He  was  then  seized  and  put  in  confinement 
along  with  the  prisoners  taken  in  December  last.  I  was  also 
put  under  strict  guard,  but  not  removed  from  the  house. 

Notwithstanding  this,  and  the  painful  doubt  created  in  the 
minds  of  the  English  members  of  the  Convention  as  to  the 
course  they  should  pursue  after  these  arrests  the  Delegates 
again  met  on  the  7th.  On  the  5th,  they  had  resolved  to  place 
in  my  hands  the  List  of  Rialits  they  had  drawn  up,  which  was 
done  at  11  o'clock  on  the  7th,  wnth  an  intimation  that  the  Con- 
vention would  be  glad  to  meet  me  at  1  o'clock  p.m.,  the  inter- 
vening two  hours  being  allowed  me  to  frame  my  answers.  In 
drawing  up  these,  I  was  allowed  no  reference  to  any  docu- 
ment either  written  or  printed,  except  the  "  List  of  Rights," 
and  a  guard  stood  over  me  to  see  that  I  sliould  write  nothing 
else  than  that  to  be  presented  to  the  convention.  I  had  just 
finished  writing  when  Mr.  Kiel  and  his  "  Adjutant-General  " 
Lepine,  who  was  also  a  member  of  the  Convention,  came  in, 
and  Riel  looking  at  the  latter  in  a  significant  manner  said 
"  the  answers  to  the  List  of  Rights  must  be  simply  yes  or  no." 
On  this  I  remarked  that  I  thought  otherwise  and  would  act 
as  circumstances  might  appear  to  me  to  require.  I  then 
retired,  and  on  returning  to  the  room  a  few  minutes  later, 
found  there  Mr.  Riel,  the  Rev.  Mr.  Thibault  and  Colonel  De 
Salaberry.  We  proceeded  together  to  the  Convention,  and  in 
course  of  conversation  Col.  De  Salaberry  said  he  would  gladly 
have  come  to  see  me  before,  but  could  not  as  he  "  had  been  a 
prisoner  throughout." 

The  proceedings  of  the  convention  as  reported  in  the  "IN'ew 
iN'ation  "  newspaper,  of  the  11th  and  18th  February,  copies  of 
which  I  have  had  the  honor  of  addressing  to  you,  are  sufficiently 
exact,  and  render  it  unnecessary  for  me  here  to  enter  into  de- 
tails. Suffice  it  to  say  that  a  large  majority  of  the  delegates 
expressed  entire  satisfaction  Avith  the  answers  to  their  "  List 
of  Rights,"  and  professed  confidence  in  the  Canadian  Govern- 
ment, to  which  I  invited  them  to  send  delegates,  with  the  view 


PIOliTEEB    LEGISLATION  927 

of  effecting  a  speedy  transfer  of  the  Territory  to  the  Dominion, 
an  invitation  received  with  acclamation  and  unanimously  ac- 
cepted, as  will  appear  by  resolution  hereto  annexed,  along  with 
the  List  of  Rights  and  my  answer  to  the  same.  The  delegates 
named  were  John  Black,  Esq.,  Eecorder,  the  Rev.  Mr.  Ritchot, 
and  Mr.  Alfred  H.  Scott.  A  good  deal  of  opposition  having 
been  offered  to  the  election  of  the  last  named  of  the  three. 

The  proceedings  of  the  Convention  came  to  a  close  on  the 
10th  February,  by  the  nomination  of  a  Provincial  Government, 
in  the  formation  of  which  several  delegates  declined  to  take 
any  part.  Governor  MacTa-vish,  Dr.  Cowan,  and  two  or  three 
other  persons  were  then  released  and  the  Hudson's  Bay  Com- 
pany officers  again  allowed  to  come  and  go  at  pleasure,  but  I  was 
still  confined  to  the  Fort ;  Riel,  as  he  expressly  stated  to  Judge 
Black,  being  apprehensive  of  my  influence  with  the  people  in 
the  approaching  election. 

Riel  promised  that  all  the  prisoners  should  soon  be  released. 
On  the  11th  and,  12th  six  or  eight  of  them  were  set  at  liberty, 
and  Dr.  Cowan  was  informed  in  my  presence,  that  as  they  were 
all  to  be  discharged  without  delay,  the  rooms  they  had  occupied 
would  be  placed  at  his  disposal  in  a  day  or  two ;  Riel  remarking 
at  the  same  time  that  he  would  have  them  throughly  cleaned 
out. 

Rumours  now  began  to  circulate  of  a  rising  at  the  Portage, 
and  on  the  night  of  the  14th  and  15th  of  February,  some  80  or 
100  men  from  that  district  passed  down  close  to  Fort  Garry, 
and  proceeded  to  Kildonan,  where  they  were  joined  by  from 
300  to  350  men,  principally  English  half-breeds,  from  the  lower 
parts  of  the  Settlement.  Had  those  men,  properly  armed  and 
organized,  been  prepared  to  support  the  well  affected  French 
party,  when  the  latter  took  action,  about  the  middle  of  January, 
or  even  in  the  beginning  of  February,  during  the  sitting  of  the 
Convention,  order  might  have  been  restored  and  the  transfer 
to  Canada  provided  for  without  the  necessity  for  firing  a  single 
shot ;  but  now  the  rising  was  not  only  rash,  but  purposeless,  as, 
without  its  intervention,  the  prisoners  would  unquestionably 
have  been  released.  The  party  was  entirely  un-organized,  in- 
differently armed,  unprovided  with  food  even  for  one  meal,  and 
wholly  incapable  of  coping  with  the  French  now  re-united,  who, 
to  the  number  of  at  least  seven  hundred  were  prepared  to  offer 
the  most  determined  resistance,  which,  as  they  were  in  posses- 
sion of  a  number  of  guns  (six  and  three  pounders),  ample  stores 
of  ammunition,  provisions,  and  every  other  requisite,  they  could 


■028  CANADIAN    ARCHIVES 

have  done  most  effectually.  My  sympathies  were,  in  a  great 
measure,  with  the  Portage  men,  whom  I  believe  to  have  been 
actuated  by  the  best  of  motives;  but  under  the  circumstances  it 
was  not  difficult  to  foresee  that  the  issue  could  not  be  otherwise 
than  disastrous  to  their  cause.  The  attempt  was,  therefore,  to 
be  deplored,  as  it  resulted  in  placing  the  whole  Settlement  at  the 
feet  of  Riel.  The  great  majority  of  the  settlers,  English  and 
Scotch,  discountenanced  the  movement  and  bitterly  complained 
of  those  who  had  set  it  on  foot.  Forty-seven  of  the  party  were 
captured  on  their  way  home,  while  passing  within  a  few  hun- 
dred yards  of  the  Fort ;  the  explanation  I  have  heard  given  for 
their  otherwise  inexplicable  conduct  in  having  taken  this  route, 
instead  of  making  a  detour  which  would  have  ensured  safety, 
being  a  supposed  promise  by  Kiel  that  they  would  be  permitted 
to  pass  unmolested.  Their  messenger,  a  young  man  named  Mc- 
Lean on  being  questioned  by  Archdeacon  McLean  and  my- 
self in  the  presence  of  the  Rev.  Mr.  Gardner  and  one  or  two 
other  gentlemen,  admitted  that  Kiel,  on  being  asked  "  if  the 
party  would  be  permitted  to  pass,"  was  silent,  and  only,  on 
being  informed  that  they  intended  next  day  to  use  the  route  just 
outside  the  town,  remarked  "  ah  !  that  is  good,"  and  for  his  pur- 
pose it  no  doubt  was  so.  Captain  Bolton  led  the  party,  and  he 
and  his  friends  at  the  Portage  assured  me  that  he  exerted  him- 
self to  the  utmost  to  keep  them  from  rising,  and  only  joined 
them  at  the  last  moment  when  he  saw  they  were  determined  to 
go  forward.  Lie  was  captured  on  the  17th,  tried  by  "  Court 
Martial,"  and  condemned  to  be  shot  at  noon  on  the  following 
day,  but  at  the  intercession  of  the  Lord  Bishop  of  Rupert's 
Land,  Archdeacon  McLean,  and,  in  short,  every  influential  man 
among  the  English,  and  I  have  been  told  also,  at  the  earnest 
entreaty  of  the  Catholic  Clergy,  the  execution  was  delayed  till 
"midnight  of  Saturday,  the  19th.  Further  than  this,  Riel  de- 
clared he  could  not,  would  not,  yield,  except,  indeed,  Dr.  Schultz 
should  be  captured  in  the  meantime,  in  which  case  he  would  be 
&hot  instead  of  Bolton,  Archdeacon  McLean  had  been  in  close 
attendance  on  Capt.  Bolton  for  twenty-four  hours,  had  adminis- 
tered to  him  the  sacrament,  receiA^ed  his  last  commands,  and 
had  promised  to  be  present  with  him  at  the  last  moment,  and 
when  I  met  the  Archdeacon  on  my  way  to  see  Riel,  about  8 
o'clock  on  the  evening  of  the  19th,  he  was  deeply  affected,  and 
had  given  up  all  hope.  I  found  wdth  Riel,  Mr.  H.  1^.  Robin- 
son, of  "  The  ISTation  "  newspaper,  and  shortly  afterAvards  Mr. 
James  Ross,  "  Chief  Justice,"  entered,  followed  in  a  few  min- 


PIONEER    LEGISLATION  929 

iites  by  Mr.  Bannatyne,  Postmaster,  wlio  had  been  ordered  to 
bring  the  key  of  the  mail  bag,  which  Kiel  opened,  and  examin- 
ing the  letters  perused  and  retained  one  or  more.  Mr.  Ross 
pleaded  for  Bolton,  but  was  repulsed  in  the  most  contemptuous 
manner.  I  had  already  been  speaking  to  Riel  on  the  subject 
when  interrupted  by  Mr.  Ross'  entrance,  and  now  resumed  the 
conversation.  Riel  was  obdurate  and  said  that  the  English 
settlers  and  Canadians,  but  more  especially  the  latter,  had 
laughed  at  and  despised  the  French  Half-breeds,  believing  that 
they  would  not  dare  to  take  the  life  of  anyone,  and  that,  under 
these  circumstances,  it  would  be  impossible  to  have  peace  and 
establish  order  in  the  countsy;  an  example  must  therefore  be 
made,  and  he  had  firmly  resolved  that  Bolton's  execution  should 
be  carried  out,  bitterly  as  he  deplored  the  necessity  for  doing 
so.  I  reasoned  with  him  long  and  earnestly,  until  at  length, 
about  10  o'clock,  he  yielded,  and  addressing  me,  apparently 
with  much  feeling,  said  "  hitherto  I  have  been  deaf  to  all  en- 
treaties, and,  in  now  granting  you  this  man's  life,"  or  words  to 
that  effect,  "  may  I  ask  you  a  favour  ?"  "  Anything,"  I  re- 
plied, "  that  in  honor  I  can  do."  He  continued,  "  Canada  has 
disunited  us,  will  you  use  your  influence  to  re-unite  us  ?  You 
can  do  so,  and  without  this  it  must  be  war — bloody  civil  war !" 
I  answered,  that  as  I  had  said  on  first  coming  to  the  country 
I  would  now  repeat,  that  "  I  would  give  my  whole  heart  to  effect 
a  peaceable  union  of  the  country  with  Canada."  "  We  want 
only  our  just  rights  as  British  subjects,"  he  said,  "  and  we  want 
the  English  to  join  us  simply  to  obtain  these."  "  Then,"  I 
remarked,  "  I  shall  at  once  see  them  and  induce  them  to  go  on 
with  the  election  of  delegates  for  that  purpose ;"  and  he  replied, 
"  if  you  can  do  this,  war  will  be  avoided,  not  only  the  lives  but 
the  liberty  of  all  the  prisoners  will  be  secured,  for  on  your  suc- 
cess depend  the  lives  of  all  the  Canadians  in  the  country."  He 
immediately  proceeded  to  the  prison,  and  intimated  to  Arch- 
deacon McLean  that  he  had  been  induced  by  me  to  spare  Capt. 
Bolton's  life,  and  had  further  promised  to  me  that  immediately 
on  the  meeting  of  the  Council  shortly  to  be  elected,  the  whole 
of  the  prisoners  would  be  released,  requesting  the  Archdeacon, 
at  the  same  time,  to  explain  these  circumstances  to  Capt.  Bolton 
and  the  other  prisoners. 

The  moment  was  a  fearful  one  for  the  settlement :  every  man's 
life  was  in  the  hands  of  Riel  and  fully  appreciating  the  signi- 
ficance of  this,  the  Bishop  of  Rupert's  Land  and  the  Protestant 
■clergy  generally,  now  earnestly  counselled  the  people  to  elect 

28159—59 


930  CANADIAN    ARCHIVES 

their  delegates  without  loss  of  time  as  by  this  means  they  might 
to  some  extent  control  the  course  of  events,  while  otherwise  they 
were  utterly  powerless.  I  entirely  concurred  in  this  view  of 
the  case  and,  Archdeacon  McLean  having  kindly  offered  to 
accompany  me,  we  visited  the  different  parts  of  the  settlement, 
and  found  that  in  several  parishes,  the  people,  and  those  the 
most  loyal  to  the  British  Crown  and  most  desirous  for  union 
with  Canada,  had  already  chosen  their  Councillors.  I  explain- 
ed to  all,  that  the  Council  was  to  be  Provisional,  in  the  strictest 
sense  of  the  word,  intended  expressly  for  effecting  the  transfer- 
ence of  the  country  to  Canada,  and  for  ensuring  safety  of  life 
and  property  in  the  meantime.  In  some  instances,  I  found 
they  had  drawn  up  petitions  to  Mr.  Kiel  as  "  President "  ex- 
pressing submission,  &c.,  these  I  requested  them  to  destroy, 
advising  that  nothing  more  should  be  done  than  under  the  cir- 
cumstances was  absolutely  necessary,  namely,  that  having  made 
their  election,  you  should  simply  intimate  the  fact  in  formal 
terms  to  Mr.  Bunn,  who  had  been  named  Secretary  of  the  Coun- 
cil, and  not  to  Mr.  Riel.  The  elections  in  the  English  parishes 
having  taken  place  on  the  26th  February  I  again  saw  Riel,  who 
re-assured  me,  that  all  the  prisoners  would  be  released  within- 
a  day  or  two  after  the  first  meeting  of  the  Council.  On  the 
28th,  he  again  sent  for  me  in  presence  of  Mr.  Fraser,  delegate 
from  the  Scotch  Parish,  Kildonan,  repeated  his  promise  that 
the  lives  of  the  prisoners  were  secured,  and  that  their  release 
would  shortly  follow. 

I  had  no  further  communication  with  Eiel  until  Monday, 
the  4th  March,  when  about  10  o'clock  in  the  morning,  Pere 
Lestanc  called  on  me.  He  informed  me  of  Bishop  Tache's 
expected  arrival,  not  later  certainly  than  the  8th,  and  probably 
some  days  earlier,  adding  that  his  Lordship  had  telegraphed  to 
request  that,  if  about  to  leave  for  Canadia,  I  should  defer  my 
departure  till  he  could  communicate  personally  with  me.  He 
then  said  that  the  conduct  of  the  prisoners  w^as  very  unsatis- 
factory, that  they  were  very  unrul.y,  insolent  to  the  "  soldiers  " 
and  their  behaviour  altogether  so  very  bad,  that  he  was  afraid 
the  guards  might  be  forced  to  retaliate  in  self  defence.  I 
expressed  much  surprise  at  the  information  he  gave,  as  the 
prisoners,  without  exception,  had  promised  to  Archdeacon 
McLean  and  myself,  that  seeing  their  helpless  condition,  thov 
would  endeavour  to  act  so  as  to  avoid  givinq,-  offence  to  their' 
guards,  and  we  encourasred  them  to  look  forward  to  being 
Epeedily  released  in  fulfilment  of  the  promise  made  by  Mr. 


PIONEER    LEGISLATIOX  931 

Kiel.  One  man,  Parker,  was  mentioned  as  liaving  made  him- 
self particularly  obnoxious  by  his  violent  conduct,  but  not  one- 
v.'ord  was  said  on  this  occasion  regarding  Scott,  or  the  slightest 
intimation  given,  that  he  or  any  other  person  had  been  con- 
demned to  be  shot.  About  11  o'clock  Pere  Lestanc  left  me 
and  went  up  stairs  to  communicate  to  Governor  MacTavish, 
as  he  said  "  the  good  news  that  Bishop  Tache  was  expected  so 
sc>on,"  The  Reverend  Mr,  Young,  Methodist  clergyman,  had 
just  entered  the  house  and  meeting  the  Pere  in  the  hall,  con- 
versed with  him  a  few  minutes.  Mr.  Young  then  came  up  to 
me,  and  from  him,  I  had  the  first  intimation  that  it  was  in- 
tended to  shoot  Thomas  Scott,  and  that  the  sentence  was  to  be 
carried  into  effect  at  12  o'clock,  noon,  that  day.  We  agreed 
in  believing  that  the  thing  was  too  monstrous  to  be  possible, 
and  Mr.  Young  mentioned  that  poor  Scott  himself  was  equally 
incredulous  on  the  subject,  thinking  they  merely  intended  to 
frighten  him.  However,  even  .to  keep  him  in  suspense  was  of 
itself  a  horrible  cruelty;  and  it  was  arranged  that  as  Mr. 
Young  had  been  sent  for  to  attend  the  man,  he  should  see  Riel, 
ascertain  exactly  hovv'-  the  matter  stood,  and,  if  really  serious, 
1o  let  me  know  at  once.  Mr.  Young  accordingly  called  on  Riel, 
was  informed  that  Scott  had  been  condemned,  that  the  sentence 
%vas  irrevocable,  and  would  not  be  delayed  one  minute  beyond 
noon.  Mr.  Young  begged  for  delay,  saying  "  the  man  is  not 
prepared  to  die,"  but  all  without  avail.  He  was  paralyzed 
with  horror,  returned  to  the  prisoner,  and  immediatel.y,  sent 
a  messenger  to  inform  me  of  the  result  of  his  visit.  I  deter- 
mined to  find  out  Riel  immediately,  but  recollecting  that  Pere 
Lestanc  was  still  up  stairs  with  Mr.  McTavish,  went  to  him^ 
related  what  I  had  heard,  and  asked  him  if  lie  knew  anything 
about  the  matter.  His  answer  I  cannot  give  in  precise  words, 
but  it  was  to  the  effect  that  they  had  seen  Mr.  Riel  on  the  other 
side  (St.  Boniface),  and  had  all  spoken  to  him  about  it,  by 
which  I  understood  that  they  had  interceded  for  Scott.  Gov- 
ernor McTavish  was  greatly  shocked  on  l^eing  informed  of 
Riel's  purpose,  and  joined  in  reprobating  it.  Pere  Lestanc 
cf.nsented  to  accompany  me,  and  we  called  on  Riel.  When  we 
entered,  he  asked  me  "  what  news  from  Canada."  The  mail 
had  arrived  the  preceding  dav,  and  I  replied,  "  only  the  intelli- 
gence that  Bishop  Tache  w^ill  be  here  very  soon."  I  then  men- 
tioned w^hat  I  had  heard  regardino-  Scott,  and  before  Riel 
answered,  Pere  Lestanc  interposed  in  Prench  words,  mean- 
ing "  is  there  no  way  of  escape  V  Riel  replied  to  him,  "  my 
28159— 59J 


932  CANADIAN    AKCHIVES 

Rev.  Pere,  you  know  exactly  how  the  matter  stands,"  then 
turning  to  me,  he  said  I  will  explain  to  you,  speaking  at  first 
in  English,  but  shortly  after  using  the  French,  remarking  to 
me,  "  you  understand  that  language."  He  said  in  substance 
that  Soott  had  throughout  been  a  most  troublesome  character, 
had  been  the  ringleader  in  a  rising  against  Mr.  Snow,  who 
had  charge  of  the  party  employed  by  the  Canadian  Govern- 
ment during  the  preceding  summer  in  road  making;  that  he 
had  risen  against  the  "  Provisional  Government "  in  Decem- 
ber last,  that  his  life  was  then  spared;  that  he  escaped,  had 
again  been  taken  in  arms,  and  once  more  pardoned, — referring 
no  doubt  to  the  promise  he  had  made  to  me  that  the  lives  and 
liberty  of  all  the  prisoners  were  secured — ^but  that  he  was  incor- 
rigible, and  quite  incapable  of  appreciating  the  clemency  with 
which  he  had  been  treated,  that  he  was  rough  and  abusive  to 
the  guards,  and  insulting  to  him,  Mr.  Kiel,  that  his  example 
had  been  productive  of  the  very  worst  effects  on  the  other 
prisoners,  who  had  become  insubordinate  to  such  an  extent,  that 
it  was  di  cult  to  withhold  the  guards  from  retaliating.  He 
further  said,  "  I  sat  down  with  Scott  as  we  are  doing  now, 
and  asked  him  truthfullv  to  tell  me,  as  I  would  not  use  his 
statement  against  him,  what  he  and  the  Portage  party  intended 
to  have  done  with  me,  had  they  succeeded  in  capturing  me, 
when  they  surrounded  Coertu's  house,"  to  which  he  replied, 
''  we  intended  to  keep  you  as  a  hostage  for  the  safety  of  the 
prisoners."  I  argued  with  Eiel,  and  endeavoured  to  show  that 
some  of  the  circumstances  he  had  mentioned,  and  especially  the 
last,  were  very  strong  reasons  to  urge  why  Scott's  life  should 
liot  be  sacrificed  and  that,  if  as  he  represented,  Scott  was  a 
rash,  thoughtless  man,  whom  none  cared  to  have  anything  to  do 
with,  no  evil  need  be  apprehended  from  his  example.  I  pointed 
out  that  the  one  great  merit  claimed  for  the  insurrection  was 
that,  so  far,  it  had  been  bloodless,  except  in  one  sad  instance, 
which  all  were  willing  to  look  upon  as  an  accident,  and  implor- 
ed him  not  now  to  stain  it,  to  burden  it  with  what  would  be  con- 
sidered a  horrible  crime.  He  exclaimed  "we  must  make  Can- 
ada respect  us."  I  replied,  "she  has  every  proper  respect  for  the 
people  of  Red  River,  and  this  is  shown  in  her  having  sent  Com- 
missioners to  treat  with  them."  I  told  him  I  had  seen  the  pri- 
soners some  time  back,  when  they  commissioned  me  to  say  to 
their  friends  at  the  Portage,  that  they  desired  peace,  and  I  of- 
fered to  go  to  them  again  and  reason  with  them,  should  that  be 
necessary.     On  this  he  said,  "look  here,  Mr.  Smith,  Mr.  Scott, 


PIONEER    LEGISLATION  933 

the  representative,  went  to  see  the  prisoners  at  my  desire,  and 
on  asking  them  whom  they  would  vote  for  as  Councillor,  if 
they  were  permitted  a  choice  outside  of  their  own  body,  Thos. 
Scott  came  forward  and  said,  "my  boys  have  nothing  to  do  with 

those Americans."     And  when  I  remarked  "this  is  really 

a  most  trifling  affair,  and  ought  not  to  have  been  repeated,"  he 
said,  "do  not  attempt  to  prejudice  us  against  the  Americans, 
for  although  we  have  not  been  with  them — they  are  with  us. 
and  have  been  better  friends  to  us  than  the  Canadians."  Much 
more  was  said  on  both  sides,  but  argument,  entreaty,  and  pro- 
test alike  failed  to  draw  him  from  his  purpose  and  he  closed  by 
saying,  "I  have  done  three  good  things  since  I  commenced,  I 
have  spared  Bolton's  life  at  your  instance,  and  I  do  not  regret 
it,  for  he  is  a  fine  fellow,  I  pardoned  Gaddy,  and  he  showed 
his  gratitude  by  escaping  out  of  the  bastion,  but  I  don't  grudge 
him  his  miserable  life,  and  now  I  shall  shoot  Scott."  Lepine,  the 
Adjutant-General,  who  was  president  of  the  Council  of  Seven, 
which  tried  Scott, — and  five  of  whom,  Kiel  told  me,  "with  the 
tears  streaming  from  their  eyes,  condemned  him  as  worthy  of 
death,"  a  sentence  which  he  had  confirmed — now  entered,  and 
in  answer  to  Kiel,  said  "he  must  die,"  Kiel  then  requested  the 
Rev.  Pere  Lestanc  to  put  the  people  on  their  knees  for  prayer 
as  it  might  do  good  to  the  condemned  man's  soul.  Referring  to 
Pere  Lestanc  and  making  a  final  appeal  unnecessary  here  to  re- 
peat I  retired.  It  was  now  within  a  few  minutes  of  one  o'clock 
and  on  entering  the  Governor's  house  Rev.  Mr.  Young  joined 
me,  and  said,  "  It  is  now  considerably  past  the  hour,  I  trust 
you  have  succeeded."  "  ISTo,  I  said,"  for  God's  sake  go 
back  at  once  to  the  poor  man,  for  I  fear  the  worst."  He 
left  immediately,  and  a  few  minutes  after  he  entered  the 
room  in  which  the  prisoner  was  confined,  some  guards 
marched  in  and  told  Scott  his  hour  was  come.  IsTot  until 
then  did  the  reality  of  his  position  flash  upon  poor  Scott. 
He  said  good-bye  to  the  other  prisoners,  was  led  outside 
the  gate  of  the  Port,  with  a  white  handkerchief  covering 
his  head,  his  coffin,  having  a  piece  of  white  cotton  thrown 
over  it,  was  carried  out ;  his  eyes  were  bandaged ;  he  continued 
in  prayer,  in  which  he  had  been  engaged  on  the  way  for  a  fcAv 
minutes ;  he  asked  ]\[r.  Young  how  he  should  place  himself, 
whether  standing  or  kneeling,  then  knelt  in  the  snow,  said  fare- 
well, and  immediately  after  fell  back  pierced  by  three  bullets, 
which  passed  through  his  body.  The  flring  party  consisted  of 
six  men,  all  of  whom  it  is  said  were  more  or  less  intoxicated. 


934  CANADIAN    ARCHIVES 

It  has  been  furtlier  stated  that  only  three  of  the  muskets  were 
loaded  with  ball  cartridge,  and  that  one  man  did  not  discharge 
his  piece.  Mr.  Young  turned  aside  when  the  first  shots  were 
fired,  then  went  back  to  the  body  and  again  retired  for  a 
moment  while  a  man  discharged  his  revolver  at  the  sufferer,  the 
ball  it  is  said,  entering  the  eye  and  passing  round  the  head. 

The  wounded  man  groaned  between  the  time  of  receiving 
the  musket  shots  and  the  discharge  of  the  revolvers.  Mr. 
Young  asked  to  have  the  remains  for  interment  in  the  burying 
ground  of  the  Presbyterian  church,  but  this  was  not  acceded 
to,  and  a  similar  request  preferred  by  the  Bishop  of  Rupert's 
Land  was  also  refused.  He  was  buried  within  the  walls  of 
the  fort.  On  descending  the  steps  leading  from  the  prison, 
poor  Scott,  addressing  Mr.  Young  said  "This  is  a  cold-blooded 
murder,"  then  engaged  in  prayer,  and  was  so  occupied  until 
he  was  shot. 

After  this  date  I  held  no  communication  whatsoever  with 
Hiel,  except  in  reference  to  getting  away  from  the  country, 
which  I  was  not  allowed  to  leave  without  a  pass.  I  felt  that 
under  the  circumstances  it  was  not  desirable  I  should  remain 
longer  at  Red  River,  but  it  was  not  imtil  late  in  the  night  of 
the  18th  inst.     Riel  gave  permission  for  my  departure. 

Although  not  accomplishing  all  that  could  have  been  desired, 
the  mission  to  Red  River,  as  I  shall  endeavour  to  show  in  a 
few  words,  has  been  productive  of  some  good,  and  that  it  was 
not  entirely  successful,  may  fairly  be  attributed  to  the  circum- 
stances above  referred  to  in  connection  with  the  action  taken 
and  meetings  held  in  January  last.  Success,  although  in  a 
lesser  degree,  might  also  have  been  gained  at  a  later  period 
lout  for  the  rising  in  February,  which,  though  rash  and  pro- 
ductive of  results  the  most  unfortunate,  I  can  hardly  blame, 
Icnowing,  as  already  stated,  that  those  who  took  part  in  it  were 
actuated  and  impelled  by  generous  motives. 

On  reaching  Red  River  in  December  last,  I  found  the 
English-speaking  portion  of  the  inhabitants  greatly  divided  in 
opinion  as  to  the  comparative  advantages  of  union  with  Canada 
and  the  formation  of  a  Crown  colony,  while  a  few,  a  very 
small  number,  favored  annexation  to  the  United  States.  The 
explanations  offered  on  the  part  of  Canada  they  received  as 
satisfactory,  and,  with  hardly  a  dissentient  voice,  they  would 
now  vote  for  the  immediate  transfer  to  the  Dominion.  They 
earnestly  reauested  me  to  assure  His  Excellency  the  Governor 
Creneral  of  their  warm  loyalty  to  the  British  Crown. 


PIONEER    LEGISLATION  935 

The  case  is  different  as  regards  the  French  half-breeds.  A 
jiot  inconsiderable  number  of  them  remained  true  to  their 
allegiance  during  all  the  troubles  through  which  they  have  had 
to  pass,  and  with  these  will  now  be  found  associated  many 
others  whose  minds  had  for  a  time  been  poisoned  by  gross  mis- 
representations made  by  designing  men  for  their  own  selfish 
ends.  A  knowledge  of  the  true  state  of  the  case,  and  of  the 
advantages  they  would  derive  from  union  with  Canada,  had 
been  carefully  kept  from  them,  and  they  were  told  to  judge 
of  Canadians  generally,  by  the  acts  and  bearing  of  some  of  the 
less  reflective  immigrants,  who  had  denounced  them  as  "  cum- 
berers  of  the  ground,"  who  must  speedily  make  way  for  the 
'"  superior  race  "  about  to  pour  in  upon  them. 

It  is  also  too  true  that  in  the  unauthorised  proceedings  of 
some  of  the  recent  Canadian  arrivals,  some  plausible  ground 
had  been  given  for  the  feeling  of  jealousy  and  alarm  with 
which  the  contemplated  change  of  Government  was  regarded 
by  the  native  population.  In  various  localities  these  advent- 
urers had  been  industriously  marking  off  for  themselves  con- 
siderable, and  in  some  cases  very  extensive  and  exceptionally 
valuable  tracts  of  land,  thereby  impressing  the  minds  of  the 
people  with  the  belief  that  the  time  had  come  when,  in  their 
own  country,  they  were  to  be  entirely  supplanted  by  the 
stranger,  a  belief,  however,  which  I  have  no  doubt,  might  have 
been  completely  precluded  by  the  prevention  of  all  such  oper- 
ations, until  Canada  had  fully  unfolded  her  policy  and  shown 
the  groundlessness  of  these  fears. 

Let  us  further  bear  in  mind  that  many  of  the  Catholic 
clergy  in  the  country  are  not  French  Canadians  but  Frenchmen, 
and  consequently,  it  may  be  presumed,  not  very  conversant 
with  British  laws  and  institutions  and  with  the  liberty  and 
privileges  enjoyed  under  them.  Warmly  attached  to  their 
flocks,  they  deemed  it  necessary  to  exact  some  g-uarantee  that, 
in  their  new  political  condition,  they  would  not  be  treated 
with  injustice.  It  is  unnecessary  here  to  point  out  how  the 
breach  widened  until  at  length  it  attained  a  magnitude  and 
significance  little  dreamt  of  in  the  commencement,  even  by 
those  who  joined  most  heartily  in  the  movement.  It  is  far 
more  pleasing  to  be  able  to  state,  which  I  do  with  much  con- 
fidence, that  a  large  majority  of  the  French  party  have  no 
misgivings  as  to  union  with  Canada,  and  that  joined  by  and 
under  the  guidance  of  His  Lordship,  Bishop  Tache,  and  other 
members  of  the  clergy  who  enjoy  their  confidence,  they  will 


936  CANADIAN    ARCHIVES 

very  shortly  prove  themselves  to  be  staunch  supporters  of  the- 
Dominion,  firm  in  their  allegiance  to  England. 

In  course  of  the  insurrection  one  deplorable  crime  and 
many  grossly  illegal  acts  have  unquestionably  been  committed, . 
but  it  would  be  alike  impolitic  and  unjust  to  charge  them  on 
the  French  population  generally. 

Much  obloquy  has  been  heaped  on  the  Hudson's  Bay  Com- 
pany and  their  Governor  and  officers  in  the  North-west,  which 
I  consider  it  quite  unnecessary  at  this  moment,  even  to  attempt 
to  answer  or  refute,  although,  not  doubting  that  both  could  be 
readily  and  satisfactorily  done.  Errors,  many  and  grave, 
have,  it  cannot  be  denied,  been  committed  on  all  sides,  but 
wilful  and  intentional  neglect  of  duty,  cannot,  I  feel  convinced, 
be  laid  to  the  charge,  either  of  the  Hudson's  Bay  Company,  or 
their  representatives  in  the  Country.  Personally,  I  have  bee» 
entirely  unconnected  with  the  administration  of  affairs  in  that 
department. 

I  would  respectfully  submit,  that  it  is  of  the  utmost  im- 
portance, there  should  be  a  strong  military  force  in  the  I^orth- 
west  as  early  as  practicable.  The  minds  of  the  Indians, 
especially  the  tribes  in  the  Saskatchewan  Country'  have  been 
so  perplexed  and  confused,  by  the  occurrences  of  the  past  six 
months,  that  it  would  be  very  unsafe  to  trust  to  their  forbear- 
ance ;  and  indeed,  until  the  question  of  Indian  claims  has  been 
finally  settled,  it  would  not,  in  my  opinion,  be  prudent  to  leave 
the  country  unprotected  by  military.  The  adjustment  of  those 
claims  will  require  early  attention,  and  some  memoranda  and 
evidence  in  my  hands  on  the  subject,  I  shall,  if  desired,  be- 
prepared  to  lay  before  the  Government. 

I  have  the  honor  to  be.  Sir, 

Your  obedient  servant, 

Don.  a.  Smith. 


PIONEER    LEGISLATION  937 


2Jf.  Rupert's  Land  Act,  1868. 

31-32  Victoria,  Chapter  105. 

An  Act  for  enabling  Her  Majesty  to  accept  a  Surrender  upon 
Terms  of  the  Lands,  Privileges,  and  Rights  of  "  The  Gov- 
ernor and  Company  of-  Adventurers  of  England  trading 
into  Hudson's  Bay,"  and  for  admitting  the  same  into  the 
Dominion  of  Canada. 

[31s^  July,  1868.] 

WHEREAS    by   certain   letters    Patent   granted  JJf^'^^J^J.^^ 
by  His  late  Majesty  King  Charles  the  Second  Hudson'^ 
in  the  Twenty-second  Year  of  His  Reign  certain  Per-  ^^^,^2^' 
sons  therein  named  were  incorporated  by  the  ISTame  of  cor.  2. " 
■"  The  Governor  and  Company  of  Adventurers  of 
England    trading    into    Hudson's   Bay,"   and  certain   Lands 
and    Territories,    Rights    of    Government,    and   other    Rights, 
Privileges,  Liberties,  Franchises,  Powers,  and  Authorities,  were 
thereby  granted  or  purported  to  be  granted  to  the  said  Governor 
and  Company  in  His  Majesty's  Dominion  in  U^Torth  America: 

And  whereas  by  the  British  i^orth  America  Act,  1867,  it 
was  (amongst  other  things)  enacted  that  it  should  be  lawful  for 
Her  Majesty,  by  and  with  the  Advice  of  Her  Majesty's  most 
Honorable  Privj^  Council,  on  Address  from  the  Houses  of  the 
Parliament  of  Canada,  to  admit  Rupert's  Land  and  the  N'orth- 
Western  Territory,  or  either  of  them,  into  the  Union  on  such 
Terms  and  Conditions  as  are  in  the  Address  expressed  and  as 
Her  Majesty  thinks  fit  to  approve,  subject  to  the  provisions  of 
the  said  Act: 

And  whereas  for  the  Purpose  of  carrying  into  ^^reement 
effect  the  Provisions  of  the  said  British  ISTorth  Amer-  of  surren- 
ica  Act,  1867,  and  of  admitting  Rupert's  Land  into  *^®''- 
the  said  Dominion  as  aforesaid  upon  such  Terms  as  Her  Majesty 
thinks  fit  to  approve,  it  is  expedient  that  the  said  Lands,  Terri- 
tories, Rights,  Privileges,  Liberties,  Franchises,  Powers,  and 
Authorities,  so  far  as  the  same  have  been  lawfully  granted  to 
the  said  Company,  should  be  surrendered  to  Her  Majesty,  Her 
Heirs  and  Successors,  upon  such  Terms  and  Conditions  as  may 
be  agreed  upon  by  and  between  Her  Majesty  and  the  said  Gov- 
ernor and  Company  as  hereinafter  mentioned : 


038  CANADIAX    ARCHIVES 

Be  it  therefore  enacted  by  the  Queen's  most  Excellent  Ma- 
jesty, by  and  with  the  Advice  and  Consent  of  the  Lords,  Spiri- 
tual and  Temporal,  and  Commons,  in  this  present  Parliament 
assembled,  and  by  the  Authority  of  the  same,  as  follows: 
Short  title.  1.  This  Act  may  be  cited  as  "  Kupert's  Land  Act, 

1868." 
^Rupeit^s''^         2.  For    the    Purposes    of    this    Act    the    Term 
Land."  "  Rupert's  Land,"  shall  include    the   whole    of   the 

Lands  and  Territories  held  or  claimed  to  be  held  by  the  said 
Governor  and  Company. 

Power  to  Her  3.  It  shall  be  Competent  for  the  said  Governor 
^cSsur-  ^^^  Company  to  surrender  to  Her  Majesty,  and  for 
render  of  Her  Majesty  by  any  Instrument  under  Her  Sign 
of^the'  ^^"  ^^anual  and  Signet  to  accept  a  Surrender  of  all  or 
Company  any  of  the  Lands,  Territories,  Rights,  Privileges, 
ten^s^^"^  ^'"  Liberties,  Franchises,  Powers,  and  Authorities  what- 
soever granted  or  purported  to  be  granted  by  the  said 
Letters  Patent  to  the  said  Governor  and  Company  within 
Rupert's  Land,  upon  such  Terms  and  Conditions  as  shall  be 
agreed  upon  by  and  between  Her  Majesty  and  the  said  Governor 
and  Company ;  provided,  however,  that  such  Surrender  shall  not 
be  accepted  by  Her  JMajesty  until  the  Terms  and  Conditions  upon 
which  Rupert's  Land  shall  be  admitted  into  the  said  Dominion 
of  Canada  shall  have  been  approved  of  by  Her  Majesty,  and 
embodied  in  an  Address  to  Her  Majesty  from  both  the  Houses 
of  the  Parliament  of  Canada  in  pursuance  of  the  One  hundred 
and  forty-sixth  Section  of  the  British  ISTorth  America  Act, 
1867 ;  and  that  the  said  Surrender  and  Acceptance  thereof  shall 
be  null  and  void  unless  within  a  Month  from  the  Date  of  Such 
Acceptance  Her  Majesty  does  by  Order  in  Council  under  the 
Provisions  of  the  said  last  recited  Act  admit  Rupert's  Land 
into  the  said  Dominion ;  provided  further,  that  no  Charge  shall 
be  imposed  by  such  Terms  upon  the  Consolidated  Fund  of  the 
United  Kingdom. 

Extinguish-  4.  Upou  the  Acceptance  by  Her  Majesty  of  such 

Rights°oAhe  Surrender  all  Rights  of  Government  and  Proprietary 
Company.  Rights,  and  all  other  Privileges,  Liberties,  Fran- 
oliises.  Powers,  and  Authorities  whatsoever,  granted  or  pur- 
ported to  be  granted  by  the  said  Letters  Patent  to  the  said 
Governor  and  Company  within  Rupert's  Land,  and  which  shall 
have  been  so  surrendered,  shall  be  absolutely  extinguished ;  pro- 
vided that  nothing  herein  contained  shall  prevent  the  said  Gov- 
ernor and  Company  from  continuing  to  carry  on  in  Rupert's 
Land  or  elsewhere  Trade  and  Commerce. 


PIONEER    LEGISLATIOX  939 

5.  It  shall  be  competent  to  Her  Majesty  by  any  ^°7^J^^.° 
such  Order  or  Orders  in  Council  as  aforesaid,  on  Ad-  jesty. 
dress  from  the  Houses  of  the  Parliament  of  Canada,  to  councuTo'" 
declare  that  Rupert's  Land  shall,  from  a  Date  to  be  admit 
therein  mentioned,  be  admitted  into  and  become  part  f^'^t^*: '^ 

'    y^N  1  11  •Till        J-'tinci    into 

of  the  Dominion  of  Canada  and  thereupon  it  shall  be  and  form 
kwful  for  the  Parliament  of  Canada  from  the  Date  Domin'on^of 
aforesaid  to  make,  ordain,  and  establish  within  the  Canada. 
Land  and  Territory  so  admitted  as  aforesaid  all  such  Laws,  In- 
stitutions, and  Ordiances,  and  to  constitute  such  Courts  and 
Officers,  as  may  be  necessary  for  the  Peace,  Order,  and  good 
evernment  of  Her  Majesty's  Subjects  and  others  therein:   Pro- 
vided that,  until  otherwise  enacted  by  the  said  Parliament  of 
Canada,  all  the  Powers,  Authorities,  and  Jurisdiction  of  the 
several  Courts  of  Justice  now  established  in  Rupert's  Jurisdiction 
Land,  and  of  the  several  Officers  thereof,  and  of  all  coumTnd 
Magistrates  and  Justices  now  acting  within  the  said  officers 
Limits,  shall  continue  in  full  force  and  effect  therein.  ^°"  '""^^"^ ' 


Sa.  Order   of   Her  Majesty   in    Council   admitting   Rupert's 
Land  and  the  North-Westem  Territory  into  the  Union. 

At  the  Court  at  ^Yindsor,  the  23rd  day  of  June,  1870. 

Present  : 

The  QUEEN'S  Most  Excellent  Majesty. 
Lord  President.  * 

Lord  Privy  Seal. 
Lord  Chamberlain. 
Mr.  Gladstone. 

WHEREAS  by  the  "  British  North  America  Act,  1867,"  it 
was  (amongst  other  things)  enacted  that  it  should  be 
lawful  for  the  Queen,  by  and  with  the  advice  of  Her  Majesty's 
Most  Honorable  Privy  Council,  on  Address  from  the  Houses 
of  the  Parliament  of  Canada,  to  admit  Rupert's  Land  and  the 
Korth-Western  Territory,  or  either  of  them,  into  the  Union  on 
snch  terms  and  conditions  in  each  case  as  should  be  in  the 
Addresses  expressed,  and  as  the  Queen  should  think  fit  to 
approve,  subject  to  the  provisions  of  the  said  Act.  And  it  was 
further  enacted  that  the  provisions  of  any  Order  in  Council  in 
that  behalf  should  have  effect  as  if  they  had  been  enacted  by 


S40  CANADIAN    AECIIIVES 

the  Parliament  of  the  United  Kingdom  of  Great  Britain  and 
Ireland : 

And  whereas  by  an  Address  from  the  Houses  of  the  Parlia- 
ment of  Canada,  of  which'  Address  a  copy  is  contained  in  the 
Schedule  to  this  Order  annexed,  marked  A,  Her  Majesty  was 
prayed,  by  and  with  the  advice  of  Her  Most  Honorable  Privy 
Council,  to  unite  Rupert's  Land  and  the  Korth- Western  Terri- 
tory with  the  Dominion  of  Canada,  and  to  grant  to  the  Parlia- 
ment of  Canada  authority  to  legislate  for  their  future  welfare 
and  good  government  upon  the  terms  and  conditions  therein 
stated : 

And  whereas  by  the  ^'Rupert's  Land  Act,  1868,"  it  was 
(amongst  other  things)  enacted  that  it  should  be  competent  for 
the  Governor  and  Company  of  Adventurers  of  England  trading 
into  Hudson's  Bay  (hereinafter  called  the  Company)  to  sur- 
render to  Her  Majesty,  and  for  Her  Majesty,  by  any  Instru- 
ment under  Her  Sign  Manual  and  Signet  to  accept  a  surrender 
of  all  or  any  of  the  lands,  territories,  rights,  privileges,  liberties, 
franchises,  powers,  and  authorities  whatsoever,  granted  or  pur- 
ported to  be  granted  by  certain  Letters  Patent  therein  recited 
to  the  said  Company  within  Rupert's  Land,  npon  such  terms 
and  conditions  as  should  be  agreed  upon  by  and  between  Her 
Majesty  and  the  said  Company ;  provided,  however,  that  such 
surrender  should  not  be  accepted  by  Her  Majesty  until  the 
terms  and  conditions  upon  which  Rupert's  Land  should  be 
admitted  into  the  said  Dominion  of  Canada  should  have  been 
approved  of  by  Her  Majesty  and  embodied  in  an  Address  to 
Her  Majesty  from  both  the  Houses  of  the  Parliament  of 
Canada,  in  pursuance  of  the  146th  Section  of  the  "  British 
North  America  Act,  1867:" 

And  it  was  by  the  same  Act  further  enacted  that  it  should 
be  competent  to  Her  Majesty,  by  Order  or  Orders  in  Council, 
on  Addresses  from  the  Houses  of  the  Parliament  of  Canada,  to 
declare  that  Rupert's  Land  should,  fix)m  a  date  to  be  therein 
mentioned,  be  admitted  into  and  become  part  of  the  Dominion 
of  Canada : 

And  whereas  a  second  Address  from  both  the  Houses  of  the 
Parliament  of  Canada  has  been  received  by  Her  Majesty  pray- 
ing that  Her  Majesty  will  be  pleased,  under  the  provisions  of 
the  hereinbefore  recited  Acts,  to  unite  Rupert's  Land  on  the 
terms  and  conditions  expressed  in  certain  Resolutions  therein 
referred  to  and  approved  of  by  Her  Majesty,  of  which  said 
Resolutions  and  Address  copies  are  contained  in  the  Schedule 


PIOXEEK    LEGISLATION  941 

to  this  Order  annexed,  marked  B,  and  also  to  unite  the  jSTorth- 
Western  Territory  with  the  Dominion  of  Canada,  as  prayed 
for  by  and  on  the  terms  and  conditions  contained  in  the  herein- 
before first  recited  Addres?,  and  also  approved  of  by  Her 
Majesty : 

And  whereas  a  draft  surrender  has  been  submitted  to  the 
Governor-General  of  Canada  containing  stipulations  to  the 
following  effect,  viz. : — 

1.  The  sum  of  300,000?,  (being  the  sum  hereinafter  men- 
tioned) shall  be  paid  by  the  Canadian  Government  into  the 
Bank  of  England  to  the  credit  of  the  Company  within  six  calen- 
dar months  after  acceptance  'of  the  surrender  aforesaid,  with 
interest  on  the  said  sum  at  the  rate  of  5  per  cent,  per  annum, 
co&puted  from  the  date  of  such  acceptance  until  the  time  of 
such  payment. 

2.  The  size  of  the  blocks  which  the  Company  are  to  select 

adjoining  each  of  their  forts  in  the  Red  River  limits,  shall  be 

as  follows : — 

Acres. 

Upper  Fort  Garry  and  town  of  Winnipeg,  in- 
cluding the  inclosed  park  around  shop  and 
ground  at  the  entrance  of  the  towm 500 

Lower   Fort   Garry    (including   the    farm    the 

Companv  now  have  under  cultivation)  ....      500 

White  Horse  Plain 500 

3.  The  deduction  to  be  made  as  hereinafter  mentioned  from 
the  price  of  the  materials  of  the  Electric  Telegraph,  in  respect 
of  deterioration  thereof,  is  to  be  certified  within  three  calendar 
months  from  such  acceptance  as  aforesaid  by  the  agents  of  the 
Company  in  charge  of  the  depots  where  the  materials  are  stored. 
And  the  said  price  is  to  be  paid  by  the  Canadian  Government 
into  the  Bank  of  England  to  the  credit  of  the  Companv  within 
six  calendar*  months  of  such  acceptance,  with  interest  at  the 
rate  of  5  per  cent,  per  annum  on  the  amount  of  such  price, 
computed  from  the  date  of  sudi  acceptance  until  the  time  of 
payment : 

And  whereas  the  said  draft  was  on  the  fifth  day  of  July,  one 
thousand  eight  hundred  and  sixty-nine,  approved  by  the  said 
Governor-general  in  accordance  with  a  Report  from  the  Com- 
mittee  of  the  Queen's  Pri^j-  Council  for  Canada ;  but  it  was 
not  expedient  that  the  said  stipulations,  not  being  contained  in 
the  aforesaid  second  Address,  should  be  included  in  the  surren- 
der by  the  said  Company  to  Her  Majesty  of  their  rights  afore- 
said or  in  this  Order  in  Council. 


942  •    CAXADIAX    ARCHIVES 

And  whereas  the  said  Company  did  by  deed  under  the 
seal  of  the  said  Company,  and  bearing  date  the  nineteenth  day 
01  ^NTovember,  one  thousand  eight  hundred  and  sixty-nine,  al 
which  deed  a  copy  is  contained  in  the  Schedule  to  this  Order 
annexed,  marked  C,  surrender  to  Her  Majesty  all  the  rights 
01  government,  and  other  rights,  privileges,  liberties,  franchises, 
powers  and  authorities  granted,  or  purported  to  be  granted  to 
the  said  Company  by  the  said  Letters  Patent  herein  and  here- 
inbefore referred  to,  and  also  all  similar  rights  which  may  have 
been  exercised  or  assumed  by  the  said  Company  in  any  parts 
of  British  North  America  not  forming  part  of  Rupert's  Land, 
or  of  Canada  or  of  British  Columbia,  and  all  the  lands  and 
territories  (except  and  subject  as  in  the  terms  and  conditions 
therein  mentioned)  granted  or  purported  to  be  granted  to  the 
said  Company  by  the  said  Letters  Patent : 

And  whereas  such  surrender  has  been  duly  accepted  by  Her 
Majesty,  by  an  instrument  under  her  Sign  Manual  and  Signet, 
bearing  date  at  Windsor  the  twenty-second  day  of  June,  one 
thousand  eight  hundred  and  seventy: 

It  is  hereby  Ordered  and  declared  by  Her  Majesty,  by  and 
with  the  advice  of  the  Privy  Council,  in  pursuance  and  exerciat 
of  the  powers  vested  in  Her  Majesty  by  the  said  Acts  of  Parlia^ 
ment,  that  from  and  after  the  fifteenth  day  of  July,  one  thou- 
sand eight  hundred  and  seventy,  the  said  ISTorth-Western  Terri- 
tory shall  be  admitted  into  and  become  part  of  the  Dominion  of 
Canada  upon  the  terms  and  conditions  set  forth  in  the  first 
hereinbefore  recited  Address,  and  that  the  Parliament  of 
Canada  shall  from  the  day  aforesaid  have  full  power  and  au- 
thority to  legislate  for  the  future  welfare  and  good  government 
of  the  said  Territory.  And  it  is  further  ordered  that,  without 
prejudice  to  any  obligations  arising  from  the  aforesaid  ap- 
proved Peport,  Rupert's  Land  shall  from  and  after  the  said 
date  be  admitted  into  and  become  part  of  the  Dominion  of 
Canada  upon  the  following  terms  and  conditions,  being  the 
terms  and  conditions  still  remaining  to  be  performed  of  those 
embodied  in  the  said  second  address  of  the  Parliament  of 
Canada,  and  approved  of  by  Her  Majesty  as  aforesaid: — 

1.  Canada  is  to  pay  to  the  Company  300,000Z,  whes 
Rupert's  Land  is  transferred  to  the  Dominion  of  Canada. 

2.  The  Company  are  to  retain  the  posts  they  actually  occupy 
in  the  ISTorth-Western  Territory,  and  may,  within  twelve 
months  of  the  surrender,  select  a  block  of  land  adjoining  eadb 
of  its  posts  within  any  part  of  British  jSTorth  America  not  eoitt- 


PIONEER    LEGISLATIOX  943 

prised  in  Canada  and  British  Columbia,  in  conformity,  except 
as  regards  the  Eed  Eiver  Territory,  with  a  list  made  out  by  the 
Company  and  communicated  to  the  Canadian  Ministers,  being 
the  list  in  the  Schedule  of  the  aforesaid  Deed  of  Surrender. 
The  actual  survey  is  to  be  proceeded  T\-ith,  with  all  convenient 
speed. 

3.  The  size  of  each  block  is  not  to  exceed  [10]  acres  round 
Upper  Fort  Garry,  [300]  acres  round  Lower  Fort  Garry;  in 
the  rest  of  the  Eed  Eiver  Territory  a  number  of  acres  to  be 
settled  at  once  between  the  Governor  in  Council  and  the  Com- 
pany, but  so  that  the  aggregate  extent  of  the  blocks  is  not  to 
exceed  50,000  acres. 

4.  So  far  as  the  configuration  of  the  country  admits,  the 
blocks  shall  front  the  river  or  road  by  which  means  of  access 
are  provided,  and  shall  be  approximately  in  the  shape  of  paral- 
lelograms, of  which  the  frontage  shall  not  be  more  than  half 
the  depth. 

5.  The  Company  may,  for  fifty  years  after  the  surrender, 
claim  in  any  township  or  district  within  the  Fertile  Belt,  in 
which  land  is  set  out  for  settlement,  grants  of  land  not  exceed- 
ing one  twentieth  part  of  the  land  so  set  out.  The  blocks  so 
granted  to  be  determined  by  lot,  and  the  Company  to  pay  a 
rateable  share  of  the  survey  expenses,  not  exceeding  8  cents 
Canadian  an  acre.  The  Company  may  defer  the  exercise  of 
their  right  of  claiming  the  proportion  of  each  township  for  not 
more  than  ten  years  after  it  is  set  out ;  but  their  claim  must  be 
limited  to  an  allotment  from  the  lands  remaining  unsold  at  the 
time  they  declare  their  intention  to  make  it. 

6.  For  the  purpose  of  the  last  ^.rticle,  the  Fertile  Belt  is  to 
be  bounded  as  follows: — On  the  south  by  the  United  States 
boundary ;  on  the  west  by  the  Eocky  Mountains ;  on  the  north 
by  the  northern  branch  of  the  Saskatchewan;  on  the  east  by 
Lake  Winnipeg,  the  Lake  of  the  Woods,  and  the  waters  connect- 
ing them. 

7.  If  any  township  shall  be  formed  abutting  on  the  north 
bank  of  the  northern  branch  of  the  Saskatchewan  Eiver,  the 
Company  may  take  their  one-twentieth  of  any  such  township, 
which  for  the  purpose  of  this  Article  shall  not  extend  more  than 
five  miles  inland  from  the  river,  giving  to  the  Canadian  Do- 
minion an  equal  quantity  of  the  portion  of  lands  coming  to 
them  of  townships  established  on  the  southern  bank. 


944  CANADIAN    ARCHIVES 

8.  In  laying-  out  any  public  roads,  canals,  &c.,  through  any 
block  of  land  reserved  to  the  Company,  the  Canadian  Govern- 
ment may  take,  without  compensation,  such  land  as  is  neces- 
sary for  the  purpose,  not  exceeding  one  twenty-fifth  of  the  total 
acreage  of  the  block;  but  if  the  Canadian  Government  require 
any  land  which  is  actually  under  cultivation,  or  which  has  been 
built  upon,  or  which  is  necessary  for  giving  th^  Company's 
servants  access  to  any  river  or  lake,  or  as  a  frontage  to  any 
river  or  lake,  they  shall  pay  to  the  Company  the  fair  value  of 
the  same,  and  shall  make  compensation  for  any  injury  done  to 
the  Company  or  their  servants. 

9.  It  is  understood  that  the  whole  of  the  land  to  be  appro- 
priated within  the  meaning  of  the  last  preceding  clause  shall 
be  appropriated  for  public  purposes. 

10.  All  titles  to  land  up  to  the  eighth  day  of  March,  one 
thousand  eight  hundred  and  sixty-nine,  conferred  by  the  Com- 
pany are  to  be  confirmed. 

11.  The  Company  is  to  be  at  liberty  to  carry  on  its  trade 
without  hindrance  in  its  corporate  capacity,  and  no  exceptional 
tax  is  to  be  placed  on  the  Company's  land,  trade  or  servants, 
nor  any  import  duties  on  goods  introduced  by  them  previous  to 
the  surrender. 

12.  Canada  is  to  take  over  the  materials  of  the  electric 
telegraph  at  cost  price — such  price  including  transport,  but  not 
including  interest  for  money,  and  subject  to  a  deduction  for 
ascertained  deterioration. 

13-  The  Company's  claim  to  land  under  agreements  of 
Messrs.  Vankoughnet  and  Hopkins  is  to  be  withdrawn. 

14.  Any  claims  of  Indians  to  compensation  for  lands 
required  for  purposes  of  settlement  shall  be  disposed  of  by  the 
Canadian  Government  in  communication  with  the  Imperial 
Government;  and  the  Company  shall  be  relieved  of  all  respon- 
sibility in  respect  of  them. 

15.  The  Governor  in  Council  is  authorized  and  empowered 
to  arrange  any  details  that  may  be  necessary  to  carry  out  the 
above  terms  and  conditions. 

And  the  Right  Honorable  Earl  Granville,  one  of  Her  Ma- 
jesty's principal  Secretaries  of  State,  is  to  give  the  necessary 
directions  herein  accordingly. 


PIONEER    LEGISLATION  9  lo 

SCHEDFLES. 

Schedule  (A). 

Addeess  to  Hee  Majesty  the  Queen  from  the  Senate  and 
House  of  Commons  of  the  Dominion  of  Canada. 

To  the  Queen's  Most  Excellent  ]\[ajesty. 

Most  Gracious  Sovereign,    . 

We,  your  Majesty's  most  dutiful  and  loyal  subjects,  the 
Senate  and  Commons  of  the -Dominion  of  Canada  in  Parlia- 
ment assembled,  humbly  approach  your  Majesty  for  the  pur- 
pose of  representing: — 

That  it  would  promote  the  prosperity  of  the  Canadian  peo- 
ple, and  induce  to  the  advantage  of  the  whole  Em])iro,  if  the 
Dominion  of  Canada,  constituted  under  tlie  provisions  of  the 
"  British  North  America  Act,  1867,"  were  extended  westward 
to  the  shores  of  tlie  Pacific  Ocean. 

That  the  colonization  of  the  fertile  lands  of  the  Saskatche- 
wan, the  Assiniboine,  and  the  Eed  River  districts ;  the  develop- 
ment of  the  mineral  wealth  which  abounds  in  the  region  of  the 
JVorth-west ;  and  the  extension  of  commercial  intercourse 
through  the  British  possessions  in  America  from  the  Atlantic 
to  the  Pacific,  are  alike  dependent  on  the  establishment  of  a 
stable  government  for  the  maintenance  of  law  and  order  in  the 
ISTorth-western  Territories. 

That  the  welfare  of  a  sparse  and  widely  scattered  popula- 
tion of  British  subjects  of  European  origin,  already  inhabiting 
these  remote  and  unorganized  territories,  would  be  materially 
enhanced  by  the  formation  therein  of  political  institutions 
bearing  analogy,  as  far  as  circumstances  will  admit,  to  those 
which  exist  in  the  several  Provinces  of  this  Dominion. 

That  the  146th  section  of  the  "  British  North  America  Act, 
1867,"  provides  for  the  admission  of  Rupert's  Land  and  the 
I^orth-western  Territory,  or  either  of  them,  into  union  with 
Canada,  upon  the  terms  and  conditions  to  be  expressed  in 
addresses  from  the  Houses  of  Parliament  of  this  Dominion  to 
your  Majesty,  and  which  shall  be  approved  of  by  your  Majesty 
in  Council. 

That  we  do  therefore  most  humbly  pray  that  your -.Majesty 
will  be  graciously  pleased,  by  and  with  the  advice  of  your  Most 
Tlonorable    Privv    Conncil,    to    unite   Ru]iert*s    Lqnd    and    I  be 

28159—60 


946  CANADIAN    AECHIVES 

N'orth-western  Territory  with  this  Dominion,  and  to  grant  to 
the  Parliament  of  Canada  autliority  to  legislate  for  their  future 
welfare  and  good  Government;  and  we  most  humbly  beg  to 
express  to  your  Majesty  that  we  are  willing  to  assume  the 
duties  and  obligations  of  government  and  legislation  as  regards 
these  territories. 

That  in  the  event  of  your  Majesty's  Government  agreeing  to 
transfer  to  Canada  the  jurisdiction  and  control  over  the  said 
region,  the  Government  and  Parliament  of  Canada  will  be 
ready  to  provide  that  the  legal  rights  of  any  corporation,  com- 
pany or  individual  within  the  same  shall  be  respected,  and 
placed  under  the  protection  of  Courts  of  competent  jurisdiction. 

And  furthermore  that,  upon  the  transference  of  the  terri- 
tories in  question  to  the  Canadian  Government,  the  claims  of 
the  Indian  tribes  to  compensation  for  lands  required  for  pur- 
poses of  settlement  will  be  considered  and  settled  in  conformity 
with  the  equitable  principles  which  have  uniformly  governed 
the  British  Crown  in  its  dealings  with  the  aborigines. 

All  which  we  humbly  pray  your  Majesty  to  take  into  your 
Majesty's  Most  gracious  and  favorable  consideration. 

The  Senate,  Tuesday,  December  I7th,  1867. 
*  (Signed),     Joseph  Cauchon^  Speaker. 

House  of  Commons,  Monday,  December  16th,  1867. 

(Signed),     James  Cockbuen,  Speaker. 

Schedule    (B). 

1.  Resolutions. 

May  28th,  1869. 

Resolved, — That  the  Senate  and  Commons  of  the  Dominion 
of  Canada,  during  the  first  session  of  the  first  Parliament  of 
Canada,  adopted  an  Address  to  Her  Majesty,  praying  that  Her 
Majesty  would  be  graciously  pleased,  by  and  with  the  advice 
of  Her  Most  Honorable  Privy  Council,  under  the  provisions 
of  146th  section  of  "  The  British  North  America  Act,  1867  " ; 
and  on  the  terms  specified  in  the  Address,  to  unite  Rupert's 
Land  and  the  N'orth-West  Territory  with  this  Dominion,  and  to 
grant  to  the  Parliament  of  Canada  authority  to  legislate  for 
their  future  welfare  and  good  government,  and  assuring  Her 


PIONEEE    LEGISLATION  947 

Majesty  of  the  willingness  of  the  Parliament  of  Canada  to 
assume  the  duties  and  obligations  of  government  and  legislation 
as  regards  those  territories. 

Resolved, — That  the  Joint  Address  of  the  Senate  and  Com- 
mons of  Canada  was  duly  laid  at  the  foot  of  the  throne,  and 
that  Her  Majesty,  by  despatch  from  the  Right  Honorable  the 
Secretary  of  State  for  the  Colonies,  to  the  Governor  General  of 
Canada,  under  date  of  23rd  of  April,  1868,  signified  Her  will- 
ingness to  comply  with  the  prayer  of  the  said  Address;  but 
She  was  advised  that  the  requisite  powers  of  government  and 
legislation  could  not,  consistently  with  the  existing  charter  of 
the  Hudson's  Bay  Company,  be  transferred  to  Canada  without 
an  Act  of  Parliament,  which  Act  was  subsequently  passed  by 
the  Imperial  Parliament,  and  received  Her  Majesty's  Assent  on 
the  31st  July,  1868. 

Resolved, — That  by  despatch  dated  8th  August,  1868,  from 
the  Honorable  Secretary  of  State  for  the  Colonies,  the  Governor 
General  was  informed,  that  in  pursuance  of  the  powers  con- 
ferred by  the  Act  for  the  surrender  of  the  Hudson  Bay  Terri- 
tories to  Her  Majesty,  he  proposed  to  enter  into  negotiations 
with  the  Company  as  to  the  terms  of  such  surrender,  where" 
upon,  under  authority  of  an  order  of  the  Governor-General  in 
Council  of  the  1st  October,  1868,  the  Honorable  Sir  George  Et 
Cartier,  Baronet,  and  the  Honorable  William  McDougall, 
C.B.,  were  appointed  a  Delegation  to  England,  to  arrange  the 
terms  for  the  acquisition  by  Canada  of  Rupert's  liand,  and  by 
another  Order  in  Council  of  the  same  date,  were  authorized  to 
arrange  for  the  admission  of  the  ISTorth-west  Territory  into 
union  with  Canada,  either  with  or  without  Rupert's  Land,  as 
it  might  be  found  practicable  and  expedient. 

Resolved, — That  the  Delegates  proceeded  on  their  mission 
to  England  and  entered  into  negotiations  with  his  Grace  the 
Duke  of  Buckingham  and  Chandos,  the  Secretary  of  State  for 
the  Colonies,  and  afterwards  with  the  Right  Honorable  Earl 
Granville,  his  successor  in  ofiice,  for  the  acquisition  by  Canada 
of  the  territorial  and  other  rights  claimed  by  the  Hudson's  Bay 
Company  in  Rupert's  Land,  and  in  any  other  part  of  British 
North  America,  not  comprised  in  Rupert's  Land,  Canada,  or 
British  Columbia.  That  terms  of  agreement  were  conditionally 
assented  to  by  the  Delegates  on  behalf  of  the  Dominion,  and  our 
their  return  to  Canada  were  submitted  with  a  Report  dated  8th 
May,  1869,  which  was  approved  by  His  Excellency  the  Gover- 
nor in  Council,  on  the  14th  day  of  the  same  month. 

28159— 60i 


948  CANADIAN    ARCHIVES 

Resolved, — That  the  Senate  will  be  prepared  to  concur  in 
accepting  the  transfer  of  the  territorial  and  other  rights  of  the 
Hudson's  Bay  Company  in  Rupert's  Land,  and  in  any  other 
part  of  British  North  America,  not  comprised  in  Rupert's 
Land,  Canada  or  British  Columbia,  on  the  terms  conditionally 
iigreed  to  on  behalf  of  the  Government  of  Canada,  by  the  Hon. 
Sir  George  Et.  Cartier,  B>aronet,  and  the  Hon.  William  Mac- 
Dougall,  C.B.,  and  on  behalf  of  the  Hudson's  Bay  Company, 
by  Sir  Stafford  H.  ISTorthcote,  Governor  of  that  Company,  and 
approved  by  His  Excellency  in-  Council  as  aforesaid,  which 
terms  are  set  forth  in  a  letter  from  Sir  Frederic  Rogers,  Under- 
Secretary  of  State  for  the  Colonies,  of  the  9th  March,  1869, 
communicated  to  the  Delegates  by  direction  of  Earl  Granville, 
and  in  two  subsequent  Memorandums  dated  respectively  -JiJiid 
and  29th  March,  1869,  containing  a  modification  of  such  term-, 
and  are  in  the  words  and  figures  following: 


''  Terms  as  stated  in  the  Letter  from   Sir  Frederic  Rogers, 
of  Marcel,  1869. 

"  1.  The  Hudson's  Bay  Company  to  surrender  to  Her 
Majesty  all  the  rights  of  Government,  property,  &c.,  in  Rupert's 
Land  which  are  s])ecified  in  31  &  o2  Vict.,  cap.  105,  sec.  4;  and 
also  all  similar  rights  in  any  other  part  of  British  North  Ame- 
rica, not  comprised  in  Rupert's  Land,  Canada  or  Britisli 
Columbia. 

"  2.  Canada  is  to  pay  to  the  Company  300,000?./  when 
Ruj)ert's  Land  is  transferred  to  the  Dominion  of  Canada. 

"  3.  The  Company  may,  within  twelve  months  of  the  surren- 
der, select  a  l)loek  of  land  adjoining  each  of  its  stations,  within 
the  limits  specified  in  Article  1. 

"  4.   The  size  of  the  blocks  not  to  exceed  acres  in 

the  Red  River  Territory,  and  the  aggregate  extent  of  the  blocks 
is  not  to  exceed  50,000  acres. 

''  5.  So  far  as  the  configuration  of  the  country  admits,  the 
blocks  are  to  be  in  the  shape  of  parallelograms,  of  which  the 
Vngth  is  not  more  than  double  the  breadth. 

"  6.  The  Hudson's  Bay  Company  may,  for  fifty  years  after 
t;  r  -iirrendcr,  claim  in  any  township  or  district  within  the 
Fertile  Belt  in  which  land  is  set  out  for  settlement,  select  grants 
ot  land,  not  exceeding  one-twentietli  of  the  land  so  set  out.  The 
]*l(icks  so  Cfranted   to  bo  determined   bv  lot,  and   the  LTudson's 


PIONEER    LEGISLATION  949 

Bay  Compuny  to  pay  a  rateable  share  of  the  survey  expense^, 
not  exceeding'  an  acre. 

'^  7.  For  the  purpose  of  the  present  agreement,  the  Fertile 
Belt  is  to  be  bounded  as  follows : — On  the  south  by  the  United 
States'  boundary;  on  the  west  by  the  Eocky  Mountains;  on 
the  north  ,by  the  northern  branch  of  the  Saskatchewan ;  on  the 
east  by  Lake  Winnipeg,  the  Lake  of  the  Wood?,  and  the  waters 
connecting  them. 

"  8.  All  titles  to  land  up  to  the  .sth  March,  1869,  conferred 
hy  the  (^ompany,  are  to  be  confirmed. 

"  9.  The  Company  is  to  be  at  liberty  to  carry  on  its  trade 
without  hindrance,  in  its  corporate  cai^acity  and  no  exceptional 
tax  is  to  be  placed  on  the  Company's  land,  trade  or  servants,  nor 
any  import  duty  on  goods  introduced  by  them  jtrevious  to  the 
surrender. 

"  10.  Canada  is  to  take  over  the  mat'-rials  of  the  electric 
telegraph  at  cost  price,  such  price  including  transport  but  not 
including  interest  for  money,  and  subject  to  a  deduction  for 
ascertained  deteriorations. 

^'  11.  The  Company's  claim  to  land  under  agreemout  of 
Messrs.  Vankoughnet  and  TTopkins  to  be  withdrawn. 

"12.  The  details  of  this  arrangement,  including  the  filling 
up  the  blanks  in  Articles  4-  and  fi,  to  bo  scttlcMl  at  once  by 
mutual  agreement." 

''Details  of  Agreement  lyelireen  the  Delegates  of  the  Govrit- 
"  ment  of  the  Dominion,  and  the  Directors  of  the  Hudson's 
"  Bay  Company. 

"  1.  It  is  understood  that,  in  surrendering  to  LTer  ^hijesty, 
all  the  rights,  &c.,  of  the  Company  in  any  part  of  British 
North  ximerica  not  comprised  in  Rupert's  Land,  ('anada  or 
British  Columbia,  the  Companv  are  to  retain  the  posts  they 
actually  occupy  in  the  North  West  Territory. 

"  2.  It  is  understood  that  it  will  be  a  suftieient  act  of  selec- 
tion under  Article  III,  that  the  Company  should,  witliin  twelve 
months,  name  the  number  of  acres  which  they  will  require 
adjoining  each  post.  The  actual  survey  tf>  be  ])roceeded  with, 
with  all  convenient  speed. 

"  3.  It  is  understood  that  in  the  Red  River  Settlement,  the 
size  of  the  blocks  to  be  retained  mimd  Fpper  Fort  Garrv  shaP 


950  CANADIAN    AKCHIVES 

not  exceed  (10)  acres;  and  that  round  Lower  Fort  Garry  shall 
not  exceed  (300)  acres. 

"  4.  It  is  understood  that  a  list  of  the  stations  round  which 
the  Company  will  require  blocks  of  land,  with  the  Kize  of  the 
blocks  they  will  require,  shall  be  made  out  forthwith,  and  com- 
municated to  the  Canadian  Ministers. 

"5.  It  is  understood  that  Article  V  shall  be  construed  to 
mean  that  the  blocks  shall  front  the  river  or  road,  by  which 
means  of  access  are  provided,  and  shall  be  approximately  in  the 
form  of  parallelograms,  of  which  the  frontage  shall  not  be  more 
than  half  the  depth. 

"  6.  It  is  understood  that  the  Company  may  defer  the  exer- 
cise of  their  right  of  claiming  their  proportion  of  each  township 
for  not  more  than  ten  years  after  it  is  set  out ;  but  their  claim 
must  be  limited  to  an  allotment  from  the  lands  remaining  unsold 
at  the  time  tliey  declare  their  intention  to  make  it. 

"  7.  It  is  understood  that  the  Blank  in  Article  6  shall  be 
filled  up  with  8  cents  (Canadian). 

"  8.  It  is  understood  that  any  claims  of  Indians  to  com}>en- 
sation  for  lands  required  for  purposes  of  settlement  shall  be  dis- 
posed of  by  the  Canadian  Government,  in  communication  with 
the  Imperial  Government,  and  that  the  Company  shall  be 
relieved  of  all  responsibility  in  respect  of  them. 

(Signed.)  "  Stafford   H.    ISTokthcote. 

"  G.  E.  Cartier. 
"W.  MacDougall. 
"  March  22.  1869." 


"Memorandum  of  a  further  Agreement  hetiveen  Sir  Geo.  Ef. 
Cartier  and  Sir  Stafford  North  cote. 

"  Inasmucli  as  the  northern  branch  of  the  Saskatchewan 
River  is  the  northern  boundary  of  the  Fertile  Belt,  and  there- 
fore any  land  on  the  northern  bank  is  not  within  the  territory 
of  which  the  Company  are  to  have  one-twentieth  part,  it  is 
understood  that,  in  forming  the  townships  abutting  on  the 
northern  bank,  the  Company  shall  be  at  liberty  to  take  their 
one-twentieth  of  any  such  townships,  giving  up  to  the  Canadian 
Dominion  an  equal  quantity  of  the  portion  of  lands  coming  to 
them  of  townships  established  on  the  southern  bank. 


^       PIONEER    LEGISLATION  951 

"It  is  understood  that  the  townships  on  the  northern  bank 
shlal  not  for  the  above  purpose  extend  more  than  five  miles  in- 
land from  the  river. 

"It  is  understood  that,  in  laying  out  any  public  roads,  canals 
&c.,  through  any  block  of  land  reserved  to  the  Company,  the 
Canadian  Government  may  take,  without  compensation,  such 
land  as  is  necessary  for  the  purpose,  not  exceeding  one-twenty- 
fifth  of  the  total  acreage  of  the  block ;  but  if  the  Canadian  Gov- 
ernment require  any  land  which  is  actually  under  cultivation, 
or  which  has  been  built  upon,  or  which  is  necessary  for  giving 
the  Company's  servants  access  to  any  river  or  lake,  or  as 
a  frontage  to  any  river  or  lake,  they  shall  pay  the  Company  the 
fair  value  of  the  same,  and  shall  make  compensation  for  any 
injury  done  to  the  Company  or  their  servants. 

"  It  is  understood  that  the  whole  of  the  land  to  be  appro- 
priated within  the  meaning  of  the  last  preceding  clause  shall 
be  appropriated  for  public  purposes. 

(Signed.)  "Geo.  Et.  Caetiee. 

"  Stafford  N^orthcote. 

"London,  March  29,  1869." 

Resolved^ — That  this  House  learns  with  satisfaction,  by 
letter  from  the  Under-Secretary  of  State  for  the  Colonies,  of 
9th  March  last,  that,  in  fulfilment  of  the  expectations  held  out 
in  Mr.  Cardwell's  despatch  of  17th  June,  1865,  Her  Majesty's 
Government  will  be  prepared  to  propose  to  Parliament  that 
the  Imperial  guarantee  be  given  to  a  loan  of  300,000Z.,  the 
amount  which  is  proposed  to  be  paid  over  by  Canada  on  the 
transfer  of  the  Company's  rights. 

Resolved, — That  the  Senate  will  be  ready  to  concur  with  the 
House  of  Commons  in  an  Address  to  Her  Majesty,  that  she 
will  be  graciously  pleased,  by  and  with  the  advice  of  Her  Most 
Honorable  Privy  Council,  under  the  146th  clause  of  "  The 
British  North  America  Act,  1867,"  and  the  provisions  of  the 
Imperial  Act,  31  &  32  Vict.,  cap.  105,  to  unite  Rupert's  Land 
on  the  terms  and  conditions  expressed  in  the  foregoing  Resolu- 
tions, and  also  to  unite  the  ^North-Western  Territory  with  the 
Dominion  of  Canada,  as  prayed  for  by,  and  on  the  terms  and 
conditions  contained  in  the  joint  Address  of  the  Senate  and  the 
House  of  Commons  of  Canada,  adopted  during  the  first  session 
of  the  first  Parliament  of  Canada,  and  hereinbefore  referred  to. 


952  CANADIAN    ARCHIVES 

Resolved, — That  upon  the  transference  of  the  territories  in 
question  to  the  Canadian  Government,  it  will  be  the  duty  of 
the  Government  to  make  adequate  provision  for  the  protection 
of  the  Indian  tribes  whose  interests  and  well-being  are  involved 
in  the  transfer. 

Resolved, — That  the  Governor  in  Council  be  authorized  and 
empowered  to  arrange  any  details,  that  may  be  necessary  to 
carry  out  the  terms  and  conditions  of  the  above  agreement. 


2.  Address. 
To  the  Queen's  Most  Excellent  Majesty. 

Most  Gracious  Sovereign, 

WE,  your  Majesty's  most  dutiful  and  loyal  subjects,  the 
Senate  and  Commons  of  the  Dominion  of  Canada  in  Parlia- 
ment assembled,  humbly  approach  your  Majesty  for  the  pur- 
pose of  representing : — 

That,  during  the  first  session  of  the  first  Parliament  of  this 
Dominion,  we  adopted  an  Address  to  your  Majesty,  praying 
that  your  Majesty  would  be  graciously  pleased,  by  and  with  the 
advice  of  your  Majesty's  Most  Honorable  Privy  Council  under 
tlie  provisions  of  the  14:6th  Section  of  "  The  British  North 
America  Act,  1867,"  and  on  the  terms  specified  in  that  Address, 
10  unite  llupert's  Land  and  the  I^orth-West  Territory,  with  this 
Dominion,  and  to  orant  to  the  Parliament  of  Canada  authority 
to  legislate  for  their  future  welfare  and  good  government,  and 
assuring  your  Majesty  of  the  willingness  of  the  Parliament  of 
Canada  to  assume  the  duties  and  obligations  of  Government 
and  legislation  as  regards  those  territories. 

That  our  joint  Address  was  duly  laid  at  the  foot  of  the 
Throne,  and  that  your  Majesty,  by  despatch  from  the  Eight 
Honorable  the  Secretary  of  State  for  the  Colonies  to  the  Gover- 
nor General  of  Canada,  under  date  of  the  23rd  April,  1868, 
signified  your  Majesty's  willingness  to  comply  with  the  prayer 
of  the  said  Address,  but  that  your  Majesty  was  advised  that 
the  requisite  powers  of  government  and  legislation  could  not, 
consistently  with  the  existing  charter  of  the  Hudson's  Bay 
Company,  be  transferred  to  Canada  without  an  Act  of  Parlia- 


PIONEEK    LEGISLATION  95'j 

ment,  which  Act  was  subsequently  passed  by  the  Imperial 
Parliament,  and  received  your  Majesty's  assent  on  the  31st 
July,  1868.  ■ 

That  by  a  despatch  dated  8th  August,  1868,  from  the  Ho!i- 
orable  the  Secretary  of  State  for  the  Colonies,  the  Governor 
General  was  informed  that  in  pursuance  of  the  powers  con- 
ferred by  the  Act  for  the  surrender  of  the  Hudson's  Bay  terri- 
tories to  your  Majesty  he  proposed  to  enter  into  negotiations 
with  the  company  as  to  the  terms  of  such  surrender,  whereupon, 
under  authority  of  an  Order  of  the  Governor-General  in 
Council,  of  the  1st  October,.  1868,  the  Honorable  Sir  George 
Et.  Cartier,  Baronet,  and  the  Honorable  William  MacDougall, 
C.B-,  were  apjxtinted  a  delegation  to  England  to  arrange  the 
terms  for  the  acquisition  by  Canada  of  Rupert's  Land,  and  by 
another  Order  in  Council  of  the  same  date,  were  authorized  to 
arrange  for  the  admission  of  the  Xorth  West  Territory  into 
union  with  Canada  either  with  or  without  Rupert's  Land,  as 
might  be  found  practicable  and  expedient. 

That  the  delegates  proceeded  on  their  mission  to  England, 
and  entered  into  negotiations  with  his  Grace  the  Duke  of  Buck- 
ingham and  Chandos.  then  Secretary  of  State  for  the  Colonies, 
and  afterwards  with  the  Eight  Honorable  Earl  Granville,  his 
successor  in  office,  for  the  acquisition  by  Canada  of  the  terri- 
torial and  other  rights  claimed  by  the  Huds!»n's  Bay  Company 
in  Rupert's  Land,  and  in  any  other  part  of  British  Xorth 
America  not  comprised  in  Rupert's  Land,  Canada  or  British 
Columbia,  on  the  terms  conditionally  agreed  to  on  behalf  of 
the  Government  of  Canada  by  the  Honorable  Sir  George  Et. 
Cartier,  Baronet,  and  the  Honorable  William  MacDougall. 
C.B.,  and  on  behalf  of  the  Hudson's  Bay  Company,  by  Sir 
Stafford  H.  Xorthcote,  Governor  of  that  Company,  and  ap- 
proved by  His  Excellency  in  Council  as  aforesaid,  which  terms 
are  set  forth  in  a  letter  from  Sir  Frederic  Rogers,  Under-Sec- 
retary of  State  for  the  Colonies,  of  the  9th  ^March,  1869,  com-' 
municated  to  the  delegates  by  direction  of  Earl  Granville,  and 
in  two  subsequent  Memorandums  dated  respectively  22nd  and 
29th  March,  1869,  containing  a  modification  of  such  terms,  and 
are  in  the  words  and  figures  following: 


954  CANADIAN    ARCHIVES 

"  Terms,  as  stated  in  the  Letter  fmm  Sir  Frederic  Rogers  of 
9th  March,  1S69.       ~ 

Memorandum. 

"  Details  of  Agreement  between  the  Delegates  of  the  Govern- 
ment of  the  Dominion  and  the  Directors  of  the 
Hudson's  Bay  Company. 

(This  memorandum,  as  set  forth  on  pages  9Jf.9,  '950  supra,  is 
here  recited  at  length') 

"Memorandum  of  a  further  Agreement  between  Sir  Geo.  Et. 
Cartier  and  Sir  Stafford  Northcote. 

(This  memorandum,  also  above  set  forth,  is  here  recited  at 
length.) 

That  we  learn  with  satisfaction  by  letter  from  the  Under- 
Secretary  of  State  for  the  Colonies,  of  the  9th  March  last,  that, 
in  fulfilment  of  the  expectations  held  out  in  Mr.  Cardwell's 
despatch  of  the  17th  of  June  1865,  your  Majesty's  Government 
will  be  prepared  to  propose  to  Parliament  that  the  Imperial 
guarantee  be  given  to  a  loan  of  300,000Z.  the  amount  which  is 
proposed  to  be  paid  over  by  Canada  on  the  transfer  of  the  Com- 
pany's rights. 

That  upon  the  transference  of  the  territories  in  question  to 
the  Canadian  Government  it  will  be  our  duty  to  make  adequate 
provision  for  the  protection  of  the  Indian  tribes  whose  interests 
and  well-being  are  involved  in  the  transfer,  and  we  authorize 
and  empower  the  Governor  in  Council  to  arrange  any  details 
that  may  be  necessary  to  carry  out  the  terms  and  conditions 
of  the  above  agreement. 

We  therefore  most  humbly  pray  that  your  Majesty  will  be 
graciously  pleased,  by  and  with  the  advice  of  your  Most  Hon- 
orable Privy  Council,  under  the  146th  clause  of  "The  British 
North  America  Act,  1SG7,"  and  the  provisions  of  the  Imperial 
Act  31  and  32  Vict.  cap.  105,  to  unite  Rupert's  Land  on  the 
terms  and  conditions  expressed  in  the  foregoing  resolutions 
and  also  to  unite  the  I^orthWestern  Territory  with  the  Do- 
minion of  Canada  as  prayed  for  by  and  on  the  terms  and  condi- 


PIONEEB    LEGISLATIONS^  9^0 

lions  contained  in  our  joint  Address  adopted  during  the  first 
session  of  the  first  Parliament  of  this  Dominion,  and  herein- 
before referred  to. 

The  Senate,  Monday,  May  31,  1869. 

(Signed,)  Joseph  Catjckon,  Speaker. 

House  of  Commons,  Ottawa,  May  29, 1869. 

(Signed,)         James  Cockbtjen^  Speaker. 
Schedule  (C). 

The  Governor  and  Company  of  Adventurers  of  England  trad- 
tg  into  Hudson's  Bay  to  Heb  Majesty  Queen  Victoeia. 

Deed  of  Surrender- 

ing  into  Hudson's  Bay,  send  greeting. 

Whereas  the  said  Governor  and  Company  were  established 
andleorptVted  by  their  said  name  of  "The  Governor  and 
Company  of  Adventurers  of  England,  tradmg  into  Hudson  s 
Bay  "by  Letters  Patent  granted  by  His  late  Majesty  King 
Charies  the  Second  in  the  twenty-second  year  of  his  reign 
whereby  His  said  Majesty  granted  unto  the  -f  ^XsTse's 
their  successors  the  sole  trade  and  commerce  of  all  those  seas, 
tr    ts    bay  ,  rivers,  lakes,   creeks   and  sounds   in  whatsoever 
la  "ude  the;  should  be,  that  lay  within  the  entrance  of  th 
:traits  commonly  called  Hudson's   Straits,   together  with   all 
^he  lands  and  territories  upon  the  countries,  coasts,  and  con- 
fines of  the  seas,  bays,  lakes,  rivers,  creeks,  ^jid  sounds  afore- 
said   that  were  not  already  actually  possessed  by,  or  granted 
to   any  of  His  Majestv's  subjects,  or  possessed  by  the  subjects 
oi  any  other  Christian  Prince  or  State,  and  that  the  said  land 
.hould  be  from  thenceforth  reckoned  and  reputed  as  one  o± 
His  Majesty's     Plantations  or  Colonies  in  America,     called 
Paipert's  Land;  and  whereby  His  said  Majesty     made     and 
con^stituted  the  said  Governor  and   Company   -d   their  sue 
cessors  the  absolute  lords  and  proprietors  of  the  same  territory, 
UmTts   and   places   aforesaid,    and   of   all  other   the   premises 


956  CANADIAN    ARCHIVES 

saving  the  faith,  allegiance  and  sovereign  dominion  due  to 
Jiis  said  Majesty,  his  heirs  and  successors  for  the  same;  and 
granted  to  the  said  Governor  and  Company  and  their  succes- 
sors, such  rights  of  Government  and  other  rights,  privileges 
and  liberties,  franchises,  powers  and  authorities  in  Rupert's 
Land  as  therein  expressed.  And  whereas  ever  since  the  date 
of  the  said  Letters  Patent,  the  said  Governor  and  Company 
have  exercised  and  enjoyed  the  sole  right  thereby  granted  of 
such  trade  and  commerce  as  therein  mentioned,  and  liave  exer- 
cised and  enjoyed  other  rights,  privileges,  liberties,  franchises, 
powers,  and  authorities  thereby  granted ;  and  the  said  Governor 
and  Company  may  have  exercised  or  assumed  rights  of  Govern- 
ment in  other  parts  of  British  ISTorth  America  not  forming  part 
of  Rupert's  Land,  or  of  Canada,  or  of  British  Columbia.  And 
whereas  by  "Tlie  British  North  America  Act,  18G7,''  it  is 
(amongst  other  things)  enacted  that  it  shall  be  lawful  for  Her 
present  Majesty  Queen  Victoria,  by  and  with  the  advice  and 
consent  of  Her  Majesty's  most  Honorable  Privy  Council,  on 
address  from  the  Houses  of  Parliament  of  Canada,  to  admit  Ru- 
pert's Land  and  the  North  Western  Territory  or  either  of  them 
into  the  Union  of  the  Dominion  of  Canada  on  such  terms  and 
conditions  as  are  in  the  Address  expressed,  and  as  Her  Majesty 
thinks  fit  to  approve,  subject  to  the  provisions  of  the  said  Act. 
And  whereas,  by  the  "-Rw/>er^'sLa?( rKlc^;,  i 5(5(9/'  it  is  enacted 
(amongst  other  things)  that  for  the  purposes  of  that  Act  the 
term  "Rupert's  Land"  shall  include  the  whole  of  the  lands  and 
ttrritories  held  or  claimed  to  be  held  by  the  said  Governor  and 
Company,  and  that  it  shall  be  competent  for  the  said  Governor 
and  Company  to  surrender  to  Her  Majesty,  and  for  Her 
Majesty,  by  any  instrument  under  Her  Sign  Manual  antl  Sig- 
net to  accept  a  surrender  of  all  or  any  of  the  lands,  territories, 
rights,  privileges,  liberties,  franchise^,  powers  and, authorities 
whatsoever,  granted  or  ]>urported  to  bo  granted  by  the  said  Let- 
ters Patent  to  the  said  Governor  and  Company  within  Ru])ert's 
Land,  upon  such  terms  and  conditions  as  shall  he  agreed  upon 
by  and  between  Her  Majesty  and  the  said  Governor  and  Com- 
pany; provided,  however,  that  such  surrender  sliall  not  be 
accepted  by^Her  Majesty  until  the  terms  and  conditions  u]x>n 
wdiich  Rupert's  Land  shall  be  admitted  into  the  said  Dominion 
of  Canada  shall  kave  been  approved  of  by  Her  Majesty,  and 
embodied  in  an  Addre=;s  to  Her  Majesty  from  the  Llouses  of  the 
Parliament  of  Canada,  in  pursuance  of  the  146th  Section  of 
"The  British  North  America  Act,  1867."  and  that  upon  the 


pioKEER  legislation;  957 

acceptance  by  Her  Majesty  of  such  surrender,  all  rights  of  Gov- 
ernment and  i^roprietary  rights,  and  all  other  privileges,  liber- 
ties, franchises,  powers  and  authorities  whatsoever,  granted  or 
purported  to  be  granted  by  the  said  Letters  Patent  to  the  said 
Governor  and  Company  within  Rupert's  Land,  and  which  shall 
have  been  so  surrendered,  shall  be  absolutely  extinguished,  pro- 
vided that  nothing  in  the  said  Act  contained  shall  prevent  the 
said  Governor  and  Company  from  continuing  to  carry  on  in 
Kupert's  Land  or  elsewhere  trade  and  commerce.  And  where- 
as Her  said-  Majesty  Queen  Victoria  and  the  said  Governor  and 
Company  have  agreed  to  terms  and  conditions  upon  which  the 
baid  Governor  and  Company  shall  surrender  to  Her  said 
Majesty,  pursuant  to  the  provisions  in  that  behalf  in  the  "Ru- 
pert's Land  Act,  1868"  contained,  all  the  rights  of  Government 
and  other  rights,  privileges,  liberties,  franchises,  powers  and 
authorities,  and  all  the  lands  and  territories  (except  and  subject 
as  in  the  said  terms  and  conditions  expressed  or  mentioned) 
granted  or  purported  to  be  granted  by  the  said  Lettters  Patent, 
and  also  all  similar  rights  which  have  been  exercised  or  assumed 
by  the  said  Governor  and  Company  in  any  parts  of  British 
ISTorth  America' not  forming  part  of  Rupert's  Land,  or  of  Can- 
ada, or  of  British  Columbia,  in  order  and  to  the  intent  that, 
after  such  surrender  has  been  effected  and  accepted  under  the 
provisions  of  the  last-mentioned  Act,  the  said  Rupert's  Land 
may  be  admitted  into  the  Union  of  the  Dominion  of  Canada, 
pursuant  to  the  hereinbefore  mentioned  Acts  or  one  of  them. 
And  whereas  the  said  terms  and  conditions  on  which  it  has  been 
agreed  that  the  said  surrender  is  to  be  made  by  the  said  Gov- 
ernor and  Company  (who  are  in  the  following  articles  desig- 
nated as  the  Company)  to  Her  said  Majesty  are  as  follows 
(that  is  to  say)  : — 

1.  The  Canadian  Government  shall  pay  to  the  Company  the 
sum  of  300,000^.  sterling  when  Rupert's  Land  is  transferred  to 
the  Dominion  of  Canada. 

2.  The  Company  to  retain  all  the  posts  or  stations  now  actu- 
ally possessed  and  occupied  by  tliem  or  their  officers  or  agents 
whether  in  Rupert's  Land  or  any  other  part  of  British  ]*Torth 
America,  and  may  within  twelve  months  after  the  acceptance  of 
The  said  surrender  select  a  block  of  land  adjoining  each  of  their 
posts  or  stations,  within  any  part  of  British  jSTorth  America, 
not  comprised  in  Canada  and  British 'Columbia  in  conformity, 
except  as  regards  the  Rod  River  Territory,  with  a  list  made  out 
l»y  tlie  Com]>nny  and  commnnioated  to  the  Canadian  ^finisters, 


958  CANADIAN    ATICHIVES 

being  the  list  in  the  annexed  schedule.     The  actual  survey  is  to 
be  proceeded  with,  with  all  convenient  speed. 

3.  The  size  of  each  block  is  not  to  exceed  in  the  Red  River 
Territory  an  amount  to  be  agreed  upon  between  the  Company 
and  the  Governor  of  Canada  in  Council. 

4.  So  far  as  the  configuration  of  the  country  admits,  the 
blocks  shall  front  the  river  or  road  by  which  means  of  access  are 
provided,  and  shall  be  approximately  in  the  shape  of  parallelo- 
grams, and  of  which  the  frontage  shall  not  be  more  than  half 
the  depth. 

5.  The  Company  may,  at  any  time  within  fifty  years  after 
such  acceptance  of  the  said  surrender,  claim  in  any  township  or 
dif  trict  within  the  fertile  belt  in  which  land  is  set  out  for  settle- 
ments, grants  of  land  not  exceeding  one-twentieth  part  of  the 
land  so  set  out;  the  blocks  so  granted  to  be  determined  by  lot, 
and  the  Company  to  pay  a  rateable  share  of  the  survey  expenses 
not  exceeding  8  cents  Canadian  an  acre.  The  Company  may 
defer  the  exercise  of  their  right  of  claiming  their  proportion  of 
each  township  or  district  for  not  more  than  ten  years  after  it  is 
fict  out,  but  their  claim  must  be  limited  to  an  allotment  from  the 
lands  remaining  unsold  at  the  time  they  declare  their  intention 
to  make  it. 

6.  For  the  purpose  of  the  last  article  the  fertile  belt  is  to  be 
bounded  as  follows: — On  the  south  by  the  United  States 
boundary ;  on  the  west  by  the  Rocky  Mountains ;  on  the  north 
by  the  Northern  Branch  of  the  Saskatchewan  River;  on  the 
oast  by  Lake  Winnipeg,  the  Lake  of  the  Woods  and  the  waters 
connecting  them. 

7.  If  any  township  shall  be  formed  abutting  on  the  north 
bank  of  the  northern  branch  of  the  Saskatchewan  River,  the 
Company  may  take  their  one-twentieth  of  any  such  township, 
-.vhich,  for  the  purpose  of  this  article,  shall  not  extend  more 
than  five  miles  inland  from  the  river,  giving  to  the  Canadian 
Dominion  an  equal  quantity  of  the  portion  of  land  coming  to 
them  of  townships  established  on  the  southern  bank  of  the  said 
river. 

8.  In  laying  out  any  public  roads,  canals  or  other  public 
works,  through  any  block  of  land  reserved  to  the  Company,  the 
Canadian  Government  may  take  without  compensation  such 
Lnnd  as  is  necessary  for  the  purpose,  not  exceeding  one-twenty- 
fifth  of  the  total  acreage  of  the  block;  but  if  the  Canadian 
Government  require  any  land  which  is  actually  under  cultiva- 
tion, which  has  been  built  upon,  or  which  is  necessary  for 


PIONEER    LEGISLATION  959 

giving  the  Company's  servants  access  to  any  river  or  lake,  or 
as  a  frontage  to  any  river  or  lake,  the  said  Government  shall 
pay  to  the  Company  the  fair  value  of  the  same,  and  shall  make 
compensation  for  any  injury  done  to  the  Company  or  their 
servants^ 

9.  It  is  understood  that  the  whole  of  the  land  to  be  appro- 
priated within  the  meaning  of  the  last  preceding  clause,  shall 
be  appropriated  for  public  purposes. 

10.  All  titles  to  land  up  to  the  eighth  day  of  March,  one 
thousand  eight  hundred  and  sixty-nine,  conferred  by  the  Com" 
pany,  are  to  be  confirmed. 

11.  The  Company  is  to  b"e  at  liberty  to  carry  on  its  trade 
without  hindrance  in  its  corporate  capacity;  and  no  excep- 
tional tax  is  to  be  placed  on  the  Company's  land,  trade  or 
servants,  nor  any  import  duty  on  goods  introduced  by  the  said 
Company  previously  to  such  acceptance  of  the  said  surrender. 

12.  Canada  is  to  take  over  the  materials  of  the  electric  tele- 
graph at  cost  price;  such  price  including  transport,  but  not 
including  interest  for  money,  and  subject  to  a  deduction  for 
ascertained  deterioration. 

13.  The  Company's  claim  to  land  under  an  agreement  of 
Messrs.  Vankoughnet  and  Hopkins  is  to  be  withdrawn. 

14.  Any  claims  of  Indians  to  compensation  for  lands  re- 
quired for  purposes  of  settlement  shall  be  disposed  of  by  the 
Canadian  Government  in  communication  with  the  Imperial 
Government;  and  the  Company  shall  be  relieved  of  all  respon- 
sibility in  respect  of  them. 

And  whereas  the  surrender  hereinafter  contained  is  intended 
to  be  made  in  pursuance  of  the  agreement,  and  upon  the  terms 
and  conditions  hereinbefore  stated. 

ISTow  know  ye,  and  these  presents  witness,  that,  in  pursuance 
of  the  powers  and  provisions  of  the  "Rupert^s  Land  Act, 
1868,"  and  on  the  terms  and  conditions  aforesaid,  and  also  on 
condition  of  this  surrender  being  accepted  pursuant  to  the  pro- 
visions of  that  Act,  the  said  Governor  and  Company  do  hereby 
surrender  to  the  Queen's  Most  Gracious  Majesty,  all  the  rights 
of  Government,  and  other  rights,  privileges,  liberties,  fran- 
chises, powers  and  authorities,  granted  or  purported  to  be 
granted  to  the  said  Governor  and  Company  by  the  said  recited 
Letters  Patent  of  His  late  Majesty  King  Charles  the  Second; 


960 


CANADIAiS^    AKCHIVES 


and  also  all  similar  rights  which  may  have  been  exercised  or 
assumed  hy  the  said  Governor  and  Company  in  any  parts  of 
British  Xorth  America,  not  forming  part  of  Rupert's  Land  or 
of  Canada,  or  of  British  Columbia,  and  all  the  lands  and  terri- 
tories within  Rupert's  Land  (except  and  subject  as  in  the  said 
;erms  and  conditions  mentioned)  granted  or  purported  to  be 
granted  to  the  said  Governor  and  Company  by  the  said  Letters 
Patent.  In  witness  whereof,  the  Governor  and  Company  of 
Adventurers  of  England  trading  into  Hudson's  Bay,  have  here- 
unto caused  their  Common  Seal  to  be  affixed,  the  nineteenth  day 
of  jSTovemlior,  One  thousand  eight  hundred  and  ftixty-nine- 


THE  SCHEDULE  ABOVE  REFERRED  TO. 
Northern  Department,  Rupert's  Land. 


English  River 


Saskatchewan. 


Cumberland . 


Isle  a  la  Crosse . . . 

Rapid  River 

Portage  La  Loche 

Green  Lake 

Cold  Lake 

Deer's  Lake 

Edmonton  House, 
Rocky  Mountain 

House 

Fort  Victoria 

St.  Paul 

Fort  Pitt   

Battle  River 

Carlton  House 

Fort  Albert 

Whitefish  Lake 

Lac  La  Biche 

Fort  A.'jsiniboine. . . . 
Lesser  Slave  Lake  . . 

Lac  St.  Anne 

Lac  La  Nun 

St.  Albert 

Pisfeon  Lake 

Old  White  Mud  Fort 


Cumberland  House. . 

Fort  La  Cocue 

l^elican  Lake 

Moose  Woods, 

The  Pas 

Moose  Lake 

Grand  Rapid  Portage 


50 

5 

20  say  10  acres  each  end  of  portage. 

100 

10 

5 

190  acres  in  English  River  (Dist.) 


3,000 

500 

3,000 

3,0C0 

3,000 

3,000 

3,000 

3,000 

500 

1,000 

50 

500 

500 

500 

1,000 

100 

50 


100 

3,000 

50 

1,000 

25 

50 

100 


25,700  acres  in  Saskatchew  an  Dis- 
trict. 


50  acres  at  each  end  of  portage. 
-4,325  acies  in  Cumberland  District. 


PIOKEEK    LEGISLATION 
Northern  Department,  Rupert's  Land. — Oontinued. 


961 


District. 


Swari  River. 


Red  River. 


Fort  Pelly 

Fori  Eliice 

<2u'Appelle  Lakes. 
Touchwood  Hills. . 

Shoal  River 

Manitobah 

Fairford 


Upper  Fort  Gairy 
and  Town  of 
Winnipeg. 

Lower  Foit  Garry 
(including  the 
farm  the  Com- 
pany now  have 
under  culti  va- 
tion) 

White  Horse  Plain 


Manitobah  Lake . . . 
Portage  La  Prairie . 

Lake  La  Pluie  .    . . 


Oak  Point. 


Fort  Alexander.  . . . 

Fort  Frances 

Eagle's  Nest 

Big  Island   

Lac  du  Bonnet   . . . . 

Rat  Portage 

Shoal  Lake  , . . . 

Lake  of  the  Woods . 

Whicefish  Lake 

English  River 

Hungi'v  Hall 

Trout  Lake 

Clear  Water  Lake. . 
Sandy  Point 


York 


York  Factory. 

Churchill 

Severn 

Trout  Lake 

O.xford 

Jackson's  Bay 
God's  Lake. . . . 
Island  Lake . . . 


Norway  House . 


Norway  House. 
Beren's  River  . 
Grand  Rapid.. . 
Nelson's  River. 


Total  in  Northern  Department. 
28159—61 


Acres  of  Land. 


3,000 

3,000 

2,500 

500 

50 

50 

100 


9,200  acr*8  in  Swan  River  District. 


'Such  number  of  acres  as  may  be 
agreed  uijon  between  the  Company 
and  the   Governor  of   Canada  in 

^.     Council. 


50 
1,000 


-1,050 


500 
500 
20 
20 
20 
50 
20 
50 
20 
20 
20 
20 
20 
20 


-1,300  acres  in  Lac  La  Pluie  District 


100 
10 
10 
10 

100 
10 
10 
10 


100 
25 
10 
10 


260 


145 


42,170  acres. 


962 


CANADIAN    AKCHIVES 
Southern  Department,  Rupert's  Land. 


District. 

Post. 

Acres  of  Land. 

Albany 

Albany  Factory 

100 

Martin's  Falls 

10 

Osnaburg   

25 

Lac  Seul 

500 

635 

ast  M!ain 

Little  Whale  River. . 
Great  Whale  River. . 

50 
50 

Fort  George 

25 

125 

Moose         

Moose  Factory .... 

100 

Hannah  Bay .    

10 

Abitibi 

10 

New  Brunswick 

25 

145 

Rupert's  River 

Rupert's  House 

50 

Mistaf5sing 

10 

-- 

Temiskamay 

10 

Woswonaby 

10 

Mechiskun 

10 

Pike  Lake 

10 

Nitchequou 

10 

Kamapiscan 

10 

120 

Kinogumisse 

Matawagamique  .... 

50 

10 

srn  Department 

60 

Total  in  South 

1,085  acres. 

Montreal  Department,  Rupert's  Land. 


Superior  .... 
Temiscaminque. 


Labrador 


Long  Lake .... 
Kakababeagino. 


Fort  Nascopie 

Outposts,  ditto 

FortChiino  (Ungava) 
South  River,  outposts 

George'.s  River   

Whale  River 

North's  River 

iFalse  River 


Total  in  Montreal  Department. 


10 
10 

75 
25 
100 
30 
50 
50 
25 
25 


20 


380 


400 


Northern  Department,  North  West  Territory. 


Athabasca . 


Fort  Chippewyan . . . 

10 

Fort  Vermilion 

500 

Fort  Dun  vegan 

50 

Fort  .St.  John's 

20 

Forks  of    Athabasca 

10 

Battle  River 

5 

Fond  du  Lac . . 

5 

Salt  River 

5 

605  acres  in  Athabasca  District. 


PIONEER    LEGISLATION  963 

Northern  Department,  North  West  Territoby — Continued. 


District. 

Post. 

Acres  of  Land. 

McKenzie's  River. . . 

Fort  Simpson 

Fort  Liard 

Fort  Nelson 

The  Rapids 

100 

300 

200 

100 

20 

20 

10 

10 

10 

10 

10 

10 

100 

900  ac 

Hay  River 

Fort  Resolution. . . . 
Fort  Rae 

Fond  du  Lac 

Fort  Norman 

Fort  (jroo  1  Hope.!. 

Peel's  River 

Lapierre's  House  — 
Fort  Halkett 

res  in  McKenzie's  R.Di8trict. 

Total  in  North  West  Territory 

1,505 

acres. 

RECAPITULATION. 


Acres. 

Northern  Department,  Rupert's  Land 42,170 

Southern  ,.  „  1,085 

Montreal  >.  „  400 

Northern  Department,  Northwest  Territory 1,505 

45,160 


2815^— 61i 


964  CANADIAN    AKCHIVES 

THE  MANITOBA  ACT,  1870. 

33  VICTOKIA,  CHAPTER  3  (CANADA.) 

An  Act  to  amend  and  continue  the  Act  32  and  33  Victoria, 
chapter  3 ;  and  to  establish  and  provide  for  the  Govern- 
ment of  the  Province  of  Manitoba. 

[Assented  to  12th  May,  1870.] 

Whereas  it  is  probable   that   Her   Majesty   The  Preamble.' 
Queen  may,  pursuant  to  the  British  North  America 
Act,  1867,  be  pleased  to  admit  Rupert's  Land  and  the  North- 
Western.  Territory  into  the  Union  or  Dominion  of  Canada, 
before  the  next  Session  of  the  Parliament  of  Canada : 

And  Whereas  it  is  expedient  to  prepare  for  the  transfer  of 
the  said  Territories  to  the  Government  of  Canada  at  the  time 
appointd  by  the  Queen  for  such  admission: 

And  Whereas  it  is  expedient  also  to  provide  for  the  organ- 
ization of  part  of  the  said  Territories  as  a  Province,  and  for  the 
establishment  of  a  Government  therefor,  and  to  make  provision 
for  the  Civil  Government  of  the  remaining  part  of  the  said 
Territories,  not  included  within  the  limits  of  the  Province: 

Therefore  Her  Majesty,  by  and  with  the  advice  and  con- 
sent of  the  Senate  and  House  of  Commons  of  Canada,  enacts 
as  follows: 

1.  On,  from  and  after  the  day  upon  which  the  province  to 
Queen,  by  and  with  the  advice  and  consent  of  Her  be  forme  i 
Majesty's  Most  Honourable  Privy  Council,  under  Territory 
the  authority  of  the  146th  Section  of  the  British  when  united 
North  America  Act,  1867,  shall,  by  Order  in  Coun- 
cil in  that  behalf,  admit  Rupert's  Land  and  the  North-West- 
ern  Territory  into  the  Union  or  Dominion  of  Canada,  there 
shall  be  formed  out  of  the  same  a  Province,  which  shall  be  one 
of  the  Provinces  of  the  Dominion  of  Canada,  and  which  shall  be 
called  the  Province  of  Manitoba,  and  be  bounded  as  its  name 
follows :  that  is  to  say,  commencing  at  the  point  where  ^^^  bound- 
the  meridian  of  ninety-six  degrees  west  longitude 
from  Greenwich  intersects  the  parallel   of  forty-nine   degrees 
north  latitude, — thence  due  west  along  the  said  parallel  of  forty- 
nine  degrees  north  latitude  (which  forms  a  portion  of  the  bound 
arv  line  between  the  United  States  of  America  and  the  said 


PIONEEK    LEGISLATION  965 

North-Western  Territory)  to  the  meridian  of  ninety-nine 
degrees  of  west  longitude, — thence  due  north  along  the  said 
meridian  of  ninetj-nine  degrees  west  longitude,  to  the  inter- 
section of  the  same  with  the  parallel  of  fifty  degrees  and  thirty 
minutes  north  latitude, — thence  due  east  along  the  said  parallel 
of  fifty  degrees  and  thirty  minutes  north  latitude  to  its  inter- 
section with  the  before-mentioned  meridian  of  ninety-six 
degrees  west  longitude, — thence  due  south  along  the  said  meri- 
dian of  ninety-six  degrees  west  longitude  to  the  place  of  begin- 
ning 

(Boundaries  extended;  'JfJf.   Victoria,   chapter  IJ/..) 

Certain  ^'  ^^'  from  and  after  the  said  day  on  which  the 

provisions  of  Order  of  the  Queen  in  Council  shall  take  effect  as 
^867,  ^o^°^'  aforesaid,  the  provisions  of  the  British  jSTorth 
apply  to  America  Act,  1867,  shall,  except  those  parts  thereof 
which  are  in  terms  made,  or,  by  reasonable  intend- 
ment, may  be  held  to  be  specially  applicable  to,  or  only  to  affect 
one  or  more,  but  not  the  whole  of  the  Provinces  now  compos- 
ing the  Dominion,  and  except  so  far  as  the  same  may  be  varied 
by  this  Act,  be  applicable  to  the  Province  of  Manitoba,  in  the 
same  way,  and  to  the  like  extent  as  they  apply  to  the  several 
Provinces  of  Canada,  and  as  if  the  Province  of  Manitoba  had 
been  one  of  the  Provinces  originally  united  by  the  said  Act. 
Representa-  3.  The  Said  Proviucc  shall  be  represented  in  the 
tion  in  the     Senate  of  Canada  by  two  Members  until  it  shall  have, 

Senate.  ,  *^ ,  ^ 

according  to  decennial  census,  a  population  of  fifty 
thousand  souls,  and  from  thenceforth  it  shall  be  rej^resented 
therein  by  three  Members,  until  it  shall  have,  according  to 
decennial  census,  a  population  of  seventy-five  thousand  souls, 
and  from  thenceforth  it  shall  be  represented  therein  by  four 
Members. 

Representa-  4.  The  Said  Proviuce  shall  be  represented,  in  the 

House" of^^  first  instance,  in  the  House  of  Commons  of  Canada, 
Commons,  by  four  Members,  and  for  that  purpose  shall  be 
divided  by  proclamation  of  the  Governor  General,  into  four 
Electoral  Districts,  each  of  which  shall  be  represented  by  one 
Member :  Provided  that  on  the  completion  of  the  census  in  the 
year  1881,  and  of  each  decennial  census  afterwards,  the  repre- 
sentation of  the  said  Province  shall  be  re-adjusted  according  to 
the  provisions  of  the  fifty-first  section  of  the  British  North 
America  Act,  1867. 

Qualification  ^-  Until  the  Parliament  of  Canada  otherwise- 
of  voters  and  provides,  the  qualification  of  voters  at  Elections  of 

Members  of  the  House  of  Commons  shall  be  same  as 


966  CANADIAN    ARCHIVES 

for  the  Legislative  Assembly  hereinafter  mentioned:  And  no 
person  shall  be  qualified  to  be  elected,  or  to  sit  and  vote  as  a 
Member  for  any  Electoral  District,  unless  he  is  a  dulv  qualified 
voter  within  the  said  Province. 

6.  For  the  said  Province  there  shall  be  an  ofiicer  Lieutenant 
styled  the  Lieutenant-Governor,   appointed  by  the  'governor: 
Governor  General  in  Council,  by  instrument  under  the  Great 
Seal  of  Canada. 

7.  The  Executive  Council  of  the  Province  shall  Executive 
be  composed  of  such  persons,  and  under  such  desig- ^°"'^^''' 
nations,  as  the  Lieutenant-Governor  shall,  from  time  to  time, 
think  fit;  and,  in  the  first  instance,  of  not  more  than  five  per- 
sons. 

8.  Unless  and  until  the  Executive  Government  seat  of 

of  the  Province  otherwise  directs,  the  seat  of  Govern-  Government. 
ment  of  the  same  shall  be  at  Fort  Garry,  or  within  one  mile 
thereof. 

9.  There  shall  be  a  Legislature  for  the  Province,  Legislature, 
consisting  of  the  Lieutenant-Governor,  and  of  two  Houses  styled 
respectively,  the  Legislative    Council    of    Manitoba,    and    the 
Legislative  Assembly  of  Manitoba. 

10.  The  Legislative  Council  shall,   in  the  first  Legislative 
instance,  be  composed  of  seven  Members,  and  after   °""'^' ' 
the  expiration  of  four  years  from  the  time  of  the  first  appoint- 
ment of  such  seven  Members,  may  be  increased  to  not  more 
than  twelve  Members.    Every  Member  of  the  Legis-  Members  and 
lative  Council  shall  be  appointed  by  the  Lieutenant-  '^'^?"'  ^P", 

pointm6nt 

Governor  in  the  Queen's  name,  by  Instrument  under  &c. 

the  Great  Seal  of  Manitoba,  and  shall  hold  office  for 

the  term  of  his  life,  unless  and  until  the  Legislature  of  Manitoba 

otherwise  provides  under  the  British  North  America  Act,  1867. 

11.  The  Lieutenant-Governor  may,  from  time  to  speaker. 
time,  by  Instrument  under  the  Great  Seal,  appoint  a  Member 
of  the  Legislative  Council  to  be  Speaker  thereof,   and  may 
remove  him  and  appoint  another  in  his  stead. 

12.  Until  the  Legislature  of  the  Province  other- Quorum, 
wise  provides,  the  presence  of  a  majority  of  the  whole  number 
of  the  Legislative  Coimcil,  including    the    Speaker,    shall    be 
necessary  to  constitute  a  meeting  for  the  exercise  of  its  powers. 

13.  Questions  arising  in  the  Legislative  Council  voting. 
shall  be  decided  by  a  majority  of  voices,  and  the  Speaker  shall, 
in  all  cases,  have  a  vote,  and  when  the  voices  are  equal  Equality  of 
the  decision  shall  be  deemed  to  be  in  the  negative.     ^'°^^^- 


PIONEER    LEGISLATION  967 

Legislative  ^^*  The  Legislative  Assembly  shall  be  composed 

Assembly.  of  twentj-four  Members,  to  be  elected  to  represent 
the  Electoral  Divisions  into  which  the  said  Province  may  be 
divided  by  the  Lientenant-Governor,  as  hereinafter  mentioned. 
Quorum.  15.  The  presence  of  a  majority  of  the  Members 

of  the  Legislative  Assembly  shall  be  necessary  to  constitute  a 
meeting  of  the  House  for  the  exercise  of  its  powers ;  and  for  that 
purpose  the  Speaker  shall  be  reckoned  as  a  Member. 
Electoral  16.  The  Lieutenant-Govcmor  shall   (within  six 

Divisions.  months  of  the  date  of  the  Order  of  Her  Majesty  in 
Council,  admitting  Rupert's  Xand  and  the  North- Western  Ter- 
ritory into  the  Union),  by  Proclamation  under  the  Great  Seal, 
divide  the  said  Province  into  twenty-four  Electoral  Divisions, 
due  regard  being  had  to  existing  Local  Divisions  and  popu- 
lation. 

Qualification         17.  Evcry  male  person  shall  be  entitled  to  vote 
vo  ers.      £^^.  ^  Member  lo  serve  in  the  Legislative  Assembly 
for  any  Electoral  Division,  who  is  qualified  as  follows,  that  is 
to  say,  if  he  is : — 

2.  A  subject  of  Her  Majesty  by  birth  or  naturalization: 

3.  And  a  bond  fide  householder  within  the  Electoral  Divi- 
uon,  at  the  date  of  the  Writ  of  Election  for  the  same,  and  has 
been  a  bond  fide  householder  for  one  year  next  before  the  said 
date;  or, 

Special—  4.  If^  being  of  the  full  age  of  twenty-one  years, 

election  ^^^^1  not  subjcct  to  any  -legal  incapacity,  and  a  sub- 

only,  ject  of  Her  Majesty  by  birth  or  naturalization,  he 

was  at  any  time  within  twelve  months  prior  to  the  passing  of  this 
Act,  and  (though  in  the  interim  temporarily  absent)  is  at  the 
time  of  such  election  a  bond  fide  householder,  and  was  resident 
within  the  Electoral  Division  at  the  date  of  the  Writ  of  Election 
for  the  same : 

But  this  fourth  sub-section  shall  apply  only  to  the  first  elec- 
tion to  be  held  under  this  Act  for  Members  to  serve  in  the 
Legislative  Assembly  aforesaid. 

Proviso.  18.  For  the  first  election  of  Members  to  serve  in 

at'^flrsT*^"^^  the  Legislative  Assembly,  and  until  the  Legislature 
election,  &c.,  of  the  Province  otherwise  provides,  the  Lieutenant- 
reguiated  Govcmor  shall  cause  writs  to  be  issued,  by  such 
person,  in  such  form,  and  addressed  to  such  Return- 
ing Officers  as  he  thinks  fit;  and  for  such  first  election,  and 
until  the  Legislature  of  the  Province  otherwise  provides  the 
Lieutenant-Governor  shall,  by  Proclamation,  prescribe  and 
declare  the  oaths  to  be    taken    by    voters,    the    powers    and 


968  CANADIAN    ARCHIVES 

duties  of  Eetiirniiig  and  Deputy  Returning  Officers,  the  pro- 
ceedings to  be  observed  at  such  election,  and  the  period 
during  which  such  election  may  be  continued,  and  such  other 
provisions  in  respect  to  such  first  election  as  he  may  think  fit. 

19.  Every  Legislative  Assembly  shall  continue  Duration  of 
for  four  years  from  the  date  of  the  return  of  the -':'®^'^'tV^® 

A-SSGITIDIV. 

writs  for  the  returning  the  same  (subject  neverthe- 
less to  being  sooner  dissolved  by  the  Lieutenant-Grovernor),  and 
no  longer;  and  the  first  Session  thereof  shall  be  called  at  such 
time  as  the  Lieutenant-Governor  shall  appoint 

20.  There  shall  be  a  Session  of  the  Legislature  sessions  at 
once  at  least  in  every  year,  so  that  twelve  months  ^f^^^  °"^® 
shall  not  intervene  between  the  last  sitting  of  the 

Legislature  in  one  Session  and  its  first  sitting  in  the  next  Ses- 
sion. 

21.  The  following  provisions  of  the  British  North  certain 
America  Act,  1867,  respecting  the  House  of  Com- p^'o^isions^ 
mons  of  Canada,  shall  extend  and  apply  to  the  Legis-  Act,  i867, 
lative  Assembly,  that  is  to  say : — Provisions  relating  '°  apply- 

to  the  election  of  a  Speaker,  originally,  and  on  vacanies, — the 
duties  of  the  Speaker, — the  absence  of  the  Speaker  aiid  the  mode 
of  voting,  as  if  those  provisions  were  here  re-enacted  and  made 
applicable  in  terms  to  the  Legislative  Assembly. 

22.  In  and  for  the  Province,  the  said  Legislature  Legislation 
may  exclusively  make  Laws  in  relation  to  Education,  schools 
subject  and  according  to  the  following  provisions : —  certain  ^° 

(1).  Nothing  in  any  such  Law  shall  prejudi-  provisions. 
cially  affect  any  right  or  privilege  with  respect  to  Denom- 
inational Schools  which  any  class  of  persons  have  by  Law  or 
Practice  in  the  Province  at  the  Union : — 

(2.)  An  appeal  shall  lie  to  the  Governor  General  in  Coun- 
cil from  any  Act  or  decision  of  the  Legislature  of  the  Province, 
or  of  any  Provincial  Authority,  affectina:  any  right  or  privilege 
of  the  Protestant  or  Roman  Catholic  minority  of  the  Queen*s 
subjects  in  relation  to  Education: 

(3.)   In  case  any  such  Provincial  Law,  as  from  Power 
time  to  time  seems  to  the  Governor  General  in  Coun-  p^^nlment 
oil  requisite  for  the  due  execution  of  the  provisions  of 
this  section,  is  not  made,  or  in  case  any  decision  of  the  Governor 
General  in  Council  on  any  appeal  under  this  section  is  not  duly 
executed  by  the  proper  Provisional  Authority  in  that  behalf, 
then,  and  in  every  such  case,  and  as  far  only  as  the  circumstan- 
ces of  each  case  require,  the  Parliament  of  Canada  may  make 
remedial  Laws  for  the  due  execution  of  the  provisions  of  this 
section,  and  of  any  decision  of  the  Governor  General  in  Coun- 
cil under  this  section. 


PIONEEE    LEGIST.ATION  969 

English  and  '  23.  Either  the  English  or  the  French  language 
hinTuage  to  ^"^7  ^^  ^^^^^^  Ky  ^ny  pei'SOH  in  the  debates  of  the 
be  used.  Houses  of  the  Legislature,  and  both  these  languages 
shall  be  used  in  the  respective  Kecords  and  Journals  of  those 
Houses ;  and  either  of  those  languages  may  be  used  by  any  per- 
son, or  in  any  Pleading  or  Process,  in  or  issuing  from  any  Court 
of  Canada  established  under  the  British  Worth  America  Act, 
1867,  or  in  or  from  all  or  any  of  the  Courts  of  the  Province. 
The  Acts  of  the  Legislature  shall  be  printed  and  published  in 
both  those  languages. 

Interest  24.  Inasmuch  as  the  Province  is  not  in  debt,  the 

The^proynce  ^^'^^  Province  shall  be  entitled  to  be  paid,  and  to  re- 
on  a  certain  coivc  f rom  the  Government  of  Canada,  by  half-yearly 
the°f"rbt°of  payments  in  advance,  interest  at  the  rate  of  five  per 
Canada.  ccutimi  per  aunum  on  the  sum  of  four  himdred  and 

seventy-two  thousand  and  ninety  dollars. 

Subsidy  to  25.  The  sum  of  thirty  thousand  dollars  shall  be 

for  support^  ^^^^  Jeai-ly  by  Canada  to  the  Province,  for  the  sup- 
of  Govern-  port  of  its  Government  and  Legislature,  and  an  an- 
ITropor^tFoV"  ^^^^^  §i"aiit,  in  aid  of  the  said  Province,  shall  be 
to  its  made,  equal  to  eighty  cents  per  head  of  the  popula- 

popuiation.  i[Qji^^  estimated  at  seventeen  thousand  souls  ;  and  such 
grant  of  eighty  cents  per  head  shall  be  augmented  in  propor- 
tion to  the  increase  of  population,  as  may  be  shown  by  the 
census  that  shall  be  taken  thereof  in  the  year  one  thousand 
eight  hundred  and  eighty-one,  and  by  each  subsequent  decen- 
nial census,  until  its  population  amounts  to  four  hundred  thous- 
and souls,  at  which  amount  such  grant  shall  remain  thereafter, 
and  such  sum  shall  be  in  full  settlement  of  all  future  demands 
on  Canada,  and  shall  be  paid  half-yearly,  in  advance,  to  the 
said  Province. 
Canada  26.  Canada  will  assume  and  defray  the  charges 

assumes  r         ,^        j"   ■\^         •  • 

certain  lor  the  lollowing  serviccs : — 

expenses. 

1.  Salary  of  the  Lieutentant-Governor. 

2.  Salaries  and  allowances  of  the  Judges  of  the  Superior 
and  District  or  County  Courts. 

3.  Charges  in  respect  of  the  Department  of  the  Customs. 

4.  Postal  Department. 

5.  Protection  of  Fisheries, 

6.  Militia. 

Y.  Geoloo:ical  Survey. 

8.  The  Penitentiary. 

9.  And  such  further  charges  as  may  be  incident  to,  and 
connected  with  the  services  which,  by  the  British  IfTorth  Amer- 


970  CANADIAN    ARCHIVES 

ica  Act,  1867,  appertain  to  tlie  General  Government,  Jj^^j^j^^g"'"^ 
and  as  are  or  may  be  allowed  to  the  other  Provinces. 

27.  The  Customs  duties  now  by  Law  chargeable  General 
in  Rupert's  Land,  shall  be  continued  without  in-  -n-ovisions. 
crease  for  the  period  of  three  years  from  and  after  the  passing 
of  this  Act,  and  the  proceeds  of  such  duties  shaFl  form  part  of 
the  Consolidated  Revenue  Fund  of  Canada. 

28.  Such  provisions  of  the  Customs  Laws  of  Can-  customs 
ada  (other  than  such  as  prescribed  the  rate  of  duties  ^^'^^'^• 
payable)  as  may  be  from  time  to  time  declared  by  the  Governor 
General  in  Council  to  apply  to  the  Province  of  Manitoba,  shall 
be  applicable  thereto,  and  in  force  therein  accordingly. 

29.  Such  provisions  of  the  Laws  of  Canada  re-  inland 
specting  the  Inland  Revenue,  including  those  fixing  i^^s^^nd 
the  amount  of  duties,  as  may  be  from  time  to  time  duties, 
declared  by  the  Governor  General  in  Council  applicable  to  the 
said  Province,   shall  apply  thereto,   and  be   in  force  therein 
accordingly. 

30.  All  ungranted  or  waste  lands  in  the  Province  ungranted 
shall  be,  from  and  after  the  date  of  the  said  transfer,  jn"he  cTown 
vested  in  the  Crown,  and  administered  by  the  Gov-  or  Domin- 
ernment  of  Canada  for  the  purposes  of  the  Domin-  '°"  purposes, 
ion,  subject  to,  and  except  and  so  far  as  the  same  may  be 
affected  by,  the  conditions  and  stipulations  contained  in  the 
agreement  for  the  surrender  of  Rupert's  Land  by  the  Hudson's 
Bay  Company  to  Her  Majesty. 

31.  And  whereas,  it  is  expedient,  towards  the  Provisions 
extinguishment  of  the  Indian  Title  to  the  lands  in  ff^j^^  ^""^'^^ 
the  Province,  to  appropriate  a  portion  of  such  un- 
granted lands,  to  the  extent  of  one  million  four  hundred  thou- 
sand acres  thereof,  for  the  benefit  of  the  families  of  the  half- 
breed  residents,  it  is  hereby  enacted,  that,  under     rant  for 
regulations  to  be  from  time  to  time  made  by  the  ^aif-breeds. 
Governor  General  in  Council,  the  Lieutenant-Governor  shall 
r-elect  such  lots  or  tracts  in  such  parts  of  the  Province  as  he  may 
deem  expedient,  to  the  extent  aforesaid,  and  divide  the  same 
among  the  children  of  the  half-breed  heads  of  families  residing 
in  the  Province  at  the  time  of  the  said  transfer  to  Canada,  and 
the  same  shall  be  granted  to  the  said  children  respectively,  in 
such  mode  and  on  such  conditions  as  to  se,ttlement  and  other- 
wise, as  tlie  Governor  General  in  Council  may  from  time  to 
time  determine. 

32.  For  the  quieting  of  titles,  and  assuring  to  the  Quieting 
settlers  in  the  Province  the  peaceful  possession  of  the  *^*^®^- 
lands  now  held  by  them,  it  is  enacted  as  follows : — 


PIONEER    LEGISLATIOK  97  I 

Grants  to  H.  1.  All  grauts  of  land  in  freehold  made  by  the 

B.  Company,  jj^ijgon's  Bay  Company  up  to  the  eighth  day  of 
March,  in  the  year  1869,  shall,  if  required  by  the  owner,  be  con- 
firmed by  grant  from  the  Crown. 

The  same.  2.  All  grants  of  estates  less  than  freehold  in  land 

made  by  the  Hudson's  Bay  Company  up  to  the  eighth 
day  of  March  aforesaid,  shall,  if  required  by  the  owner,  be  con- 
verted into  an  estate  in  freehold  by  grant  from  the  Crown. 
Titles  by  3.  All  titles  by  occupancy  with  the  sanction  and 

wi^ch^per-^  Under  the  license  and  authority  of  the  Hudson's  Bay 
mission.  Company  up  to  the  eighth  day  of  March  aforesaid,  of 

land  in  that  part  of  the  Province  in  which  the  Indian  Title  has 
been  extinguished,  shall  if  required  by  the  OAvner,  be  converted 
into  an  estate  in  freehold  by  grant  from  the  Cro^^^l. 
By  4.  All  persons  in  peaceable  possession  of  tracts  of 

peaceable  igj^;!  ^^  ^he  time  of  the  transfer  to  Canada,  in  those 
possession,  p^p^g  q£  ^]^q  Province  in  which  the  Indian  Title  has 
not  been  extinguished,  shall  have  the  right  of  pre-emption  of  the 
same,  on  such  terms  and  conditions  as  may  be  determined  by 
the  Governor  in  Council. 

Lieutenant  5^  'j^]^q  Lieutenant-Governor  is  hereby  author- 

makTprovi°  izcd,  uudcr  regulations  to  be  made  from  time  to  time 
•sions  under  \yy  ^j^g  Govcmor  General  in  Council,  to  make  all  such 
Council.  provisions  for  ascertaining  and  adjusting,  on  fair 

and  equitable  terms,  the  rights  of  Common,  and  rights  of  cut- 
ting Hay  held  and  enjoyed  by  the  settlers  in  the  Province,  and 
for  the  commutation  of  the  same  by  grants  of  land  from  the 
Crown. 

Governor  in  33.  The  Govcmor  General  in  Couucil  shall  from 

Council  to  ^ij^g  iQ  i[^Q  settle  and  appoint  the  mode  and  form 
fo^m  &c.,  of  of  Grants  of  Land  from  the  Crown,  and  any  Order 
grants.  ^^  Couucil  for  that  purpose  when  published  in  the 

Canada  Gazette,  shall  have  the  same  force  and  effect  as  if  it 
were  a  portion  of  this  Act. 

Rights  of  H.  34.  ]s[othing  in  this  Act  shall  in  any  way  pre- 

not  afflct"i.    judice  or  affect  the  rights  or  properties  of  the  Hud- 
son's Bay  Company,  as  contained  in  the  conditions  under  which 
that  Company  surrendered  Eupert's  Land  to  Her  Majesty. 
Lieutenant  35.  And  with  respect  to  such  portion  of  Eupert's 

Governor  to  Land  and  the  Xorth- Western  Territory,  as  is  not  in- 
TerHt'ory'  '  cludod  in  the  Province  of  Manitoba,  it  is  hereby 
for  Canada,  guacted,  that  the  Lieutenant-Governor  of  the  said 
Province  shall  be  appointed,  by  Commission  under  the  Great 
Seal  of  Canada,  to  be  the  Lieutenant-Governor  of  the  same, 
imder  the  name  of  the  North- West  Territories,  and  subject  to 
the  provisions  of  the  Act  in  the  next  section  mentioned. 


972  CANADIAN    AECiriVES 

36.  Except  as  hereinbefore  is  enacted   and   pro-  Act  32  and 
vided,  the  Act  of  Parliament  of  Canada,  passed  in  extended  ^' 
the  now  last  Session  thereof,  and  entitled,  "  An  Act  and  con- 
for  the  Temporary  Government  of  Rupert's  Land, 
and  the  North-Western  Territory  when  united  with  Canada," 
is  hereby  re-enacted,  extended  and  continued  in  force  until  the 
iirst  day  of  January,  1871,  and  until  the  end  of  the  Session  of 
Parliament  then  next  succeeding. 

27,  Telegrams  from  Sir  John  Young  to  Earl  Granville,  May 

12,  ISIOS"^ 

Ottawa,  12th  May,  1870. 

Bill  for  Government  of  North-West  passed,  sanctioning 
conditions  agreed  upon  with  Delegates.  Parliament  prorogued 
loday. 

15th  May,  1870. 

Mr.  Archibald  of  l^ova  Scotia  is  to  be  Lieutenant-Gov- 
ernor of  the  North  West- 

E.  The  ISTorth  West  Teeritokies. 
An   Act    for    the    temporary    Government   of   Rupert's    Land 
and    the    ISTorth-Western    Territory    when    united    with 
Canada. 

[^Assented  to  22nd  June,  1869.'] 

Whereas  it  is  probable  that  Her  Majesty  the  ^'■^^'^^'®* 
Queen  may,  pursuant  to  "  The  British  North  America  Act, 
1867,"  be  pleased  to  admit  Rupert's  Land  and  the  North- West- 
ern Territory  into  the  Union  or  Dominion  of  Canada,  before  the 
next  Session  of  the  Canadian  Parliament:  And  whereas  it  is 
expedient  to  prepare  for  the  transfer  of  the  said  Territories 
from  the  Local  Authorities  to  the  Government  of  Canada,  at 
the  time  appointed  by  the  Queen  for  such  admission,  and  to 
make  some  temporary  provision  for  the  Civil  Government  of 
such  Territories  until  more  permanent  arrangements  can  be 
made  by  the  Government  and  Legislature  of  Canada  ;  Therefore, 
Her  Majesty,  by  and  with  the  advice  and  consent  of  the  Senate 
and  House  of  Commons  of  Canada,  enacts  as  follows : 

1.  The  said  Territories  when  admitted  as  afore-  Name  of 
said,  shall  be  styled  and  kno^vn  as  "  The  North-West  territories. 
Territories." 

2.  It  shall  be  lawful  for  the  Governor,  by  any  Appointment 
Order  or  Orders,  to  be  by  him  from  time  to  time  tions  of 
made,  with  the  advice  of  the  Privy  Council,  (and  ^^lieutenant- 
subject  to  such  conditions  and  restriction  as  to  him 

'Dominion  Archives,  P.  F.  105,  No.  10,  p.  161. 


governor. 


PIONEER    LEGISLATION  973 

shall  seem  meet)  to  authorize  and  empower  such  Officer  as 
he  may  from  time  to  time  appoint  as  Lieutenant-Governor  of 
the  North- West  Territories,  to  make  provision  for  the  admin- 
Power  to  istration  of  Justice  therein,  and  generally  to  make, 
iaws.°  ^  ordain,  and  establish  all  such  Laws,  Institutions  and 
Ordinances  as  may  be  necessary  for  the  Peace,  Order  and  good 
Government  of  Her  Majesty's  subjects  and  others  therein;  pro- 
Proviso.  vided  that  all  such  Orders  in  Council,  and  all  Laws 
and  Ordinances,  so  to  be  made  as  aforesaid,  shall  be  laid  before 
both  Houses  of  Parliament  as  soon  as  conveniently  may  be  after 
the  nuiking  and  enactment  thereof  respectively. 
Instruction?  3.  The  Lieutenant-Governor  shall  administer  the 

ant^Gwer-'  Government  under  instructions  from  time  to  time 
nor.  .given  him  by  Order  in  Council. 

ADpointment  4.  The  Govemor  may,  with  the  advice  of  the 
of  Council  to  Priyy  Council,  constitute  and  appoint,  by  Warrant 
■"o-=rnor.  uudcr  liis  Sign  Manual,  a  Council  of  not  exceeding 
fifteen  nor  less  than  seven  persons,  to  aid  the  Lieutenant-Gov- 
ernor in  the  administration  of  affairs,  with  such  powers  as  may 
be  from  time  to  time  conferred  upon  them  by  Order  in  Council. 
Existing  5.  All  the  Laws  in  force  in  Kupert's  Land  and 

remliirin  ^^i^  Xortli-Western  Territory,  at  the  time  of  their  ad- 
force,  mission  into  the  Union,  shall  so  far  as  they  are  con- 
sistent with  "  The  British  N'orth  America  Act,  1867," — with 
the  terms  and  conditions  of  such  admission  approved  of  by  the 
Queen  under  the  14:6th  section  thereof, — and  with  this  Act, — 
remain  in  force  imtil  altered  by  the  Parliament  of  Canada,  or 
by  the  Lieutenant-Governor  under  the  authority  of  this  Act. 
Public  6.A11  Public  Officers  and  Functionaries  holding 
to^reTain"^"'  officc  in  Ptupcrt's  Land  and  the  Is^rth-Western  Terri- 
offlce.  tory,  at  the  time  of  their  admission  into  the  Union, 
axcepting  the  Public  Officer  or  Fimctionary  at  the  head  of  the 
administration  of  affairs,  shall  continue  to  be  Public  Officers 
and  Functionaries  of  the  North- West  Territories  with  the  same 
duties  and  powers  as  before,  until  otherwise  ordered  by  the 
Lieutenant-Governor,  under  the  authority  of  this  Act 
Duration  of  ''•  This  Act  shall  continue  in  force  until  the  end 
this  A-t.         of  the  next  Session  of  Parliament 


974  CANADIAN    ARCHIVES 

Instructions  issued  to  Lieutenant  Governor  Archibald^  Aug.  Jf, 

(No.  369.) 

Office  of  Secretary  of  State  for  the  Provinces, 

Ottawa,  4tli  August,  1870. 
Sir. — In  reference  to  my  letter  of  30tli  July  last,  trans- 
n^itting  to  you  a  Commission  from  tlie  Governor  General,  ap- 
pointing you  Lieutenant-Governor  of  the  l^orth  West  Terri- 
t<.ries,  I  have  the  honor,  by  command  of  His  Excellency,  to  for- 
ward to  you  the  following  instructions  for  your  guidance  in  the 
Government  of  the  Territories. 

1.  You  will,  with  as  little  delay  as  possible,  open  commun- 
ication with  the  Indian  Bands  occupying  the  country  lying  be- 
tween Lake  Superior  and  the  Province  of  Manitoba,  with  a  view 
to  the  establishment  of  such  friendly  relations  as  may  make  the 
route  from  Thunder  Bay  to  Fort  Garry  secure  at  all  seasons  of 
the  year,  and  facilitate  the  settlement  of  such  portion  of  the 
country  as  it  may  be  practicable  to  improve. 

2.  You  will  also  turn  your  attention  promptly  to  the  con- 
dition of  the  country  outside  the  Province  of  Manitoba,  on  the 
North  and  West ;  and  while  assuring  the  Indians  of  your  desire 
to  establish  friendly  relations  with  them,  you  will  ascertain  and 
report  to  His  Excellency  the  course  you  may  think  most  advis- 
able to  pursue,  whether  by  treaty  or  otherwise,  for  the  removal 
of  any  obstructions  that  may  be  presented  to  the  flow  of  popu- 
lation into  the  fertile  lands  that  lie  between  Manitoba  and  the 
Rocky  Mountains. 

3.  You  will  have  the  goodness  to  report  with  all  convenient 
speed,  for  the  information  of  His  Excellency,  on  the  state 
of  the  Laws  now  existina;  in  the  Territories,  transmitting  co])- 
ies  of  any  Laws,  Ordinances  or  Regulations  of  the  Hudson's 
Bay  Company  now  in  force  there,  together  with  a  full  report 
as  to  the  mode  of  administering  iustice,  the  organization  of  the 
Courts,  the  number  and  mode  of  appointment  of  Justices  of  the 
Peace,  the  Police  arrangements  and  the  means  adopted  for 
keeping  the  peace,  «&c.,  &c. 

4.  You  will  have  the  goodness  to  report  also,  on  the  system 
of  Taxation  (if  any)  now  in  force  in  the  Territories,  the  sys- 
tem of  licensing  shops,  taverns,  &c.,  the  mode  of  reo'ulating  or 
prohibiting  the  Sale  of  Wine,  Spirituous  and  Malt  Liquors,  and 
further  as  to  the  mode  of  keeping  up  the  Roads,  and  generally 
on  the  Municipal  Organization  (if  auv)  cxiptiug  in  the  Ter- 
ritories. 

^  Sessional  Papers,  34  Victor ica  (No.  20,  p.  8). 


PIONEER    LEGISLATION  9Y5 

5.  You  will  also  make  a  full  report  upon  tlie  state  of  the  In- 
dian Tribes  now  in  the  Territories ;  their  numbers,  wants  and 
claims,  the  system  heretofore  pursued  by  the  Hudson's  Bay 
Company  in  dealing  with  them,  accompanied  by  any  sugges- 
tions you  may  desire  to  offer  with  reference  to  their  protection, 
and  to  the  improvement  of  their  condition. 

6.  You  will  have  the  goodness  to  report  also,  on  the  nature 
raid  amount  of  currency  or  circulating  medium  now  employed 
in  the  Territories,  and  of  the  probable  requirements  of  the  Ter- 
ritories in  that  respect  in  the  future. 

7.  You  will  also  please  to  report  as  to  such  lands  in  the  Ter- 
ritories as  it  may  be  desirable"  to  open  up  at  once  for  settlement 
transmitting  such  sketch  or  plan  as  may  be  necessary,  with  an 
estimate  of  the  probable  cost  of  survey,  a  statement  of  the  con- 
ditions as  to  settlement  or  otherwise,  suggested  for  grants  of 
land,  such  sketch  or  plan  to  show  the  number  of  Townships  it 
is  proposed  to  lay  out  at  once,  their  size  and  situation,  and  the 
size  of  the  lots,  making  the  necessary  reservations  for  churches, 
schools,  roads  and  other  public  purpose^. 

8.  You  will  also  report  as  to  the  number  of  Officers  now 
employed  by  the  Hudson's  Bay  Company,  in  the  administra- 
tion of  Government  in  the  Territories,  stating  the  dntv  "'•  ' 
salaries  of  such  Officers,  and  specifying  those  who  should,  in 
your  opinion  be  retained ;  you  will  also  report  as  to  the  number 
of  persons  whom  it  will  be  necessary  hereafter  to  employ  in  tlie 
administration  of  the  Government,  and  you  will  report  gener- 
ally on  all  subjects  connected  Avith  the  welfare  of  the  Territor- 
ies upon  which  it  may  seem  to  you  desirable  to  communicate 
with  the  Government  of  the  Dominion. 

These  instructions  may  be  altered  or  amended  from  time  to 
time. 

I  have,  etc., 
(Signed)        E.  A.  Meredith, 
Under-Secretary  of  State  for  the  Provinces. 

To  His  Honor  the  Honorable  Adams  G.  Archibald, 

Lieutenant  Governor  of  the  ITorth  West  Territories. 

2.  Letter  from  Lieutenant  Governor  Archibald  to  the  Secretary 

of  State  for  the  Provinces,  Oct.  22,  1870.^^^ 

1^0,  27.  Rupert's  Land  and  the  North  West  Territory, 

Fort  Garry,  22nd  Octr.  1870. 
Sir,— 

I  beg  to  acquaint  you  that  on  the  21st  Inst.  I  appointed 
the  Honble.  Francis  Goodshall  Johnson  and  Donald  A.  Smith 

'Papers   of   Secretary   of   State   for   the   Provinces,   Ottawa,   492,   1870. 


976  CANADIAN    ARCHIVES 

&  Paschal  Brelan  (d)  Esquires  to  be  members  of  tbe  Executive 
&  Legislative  Councils  for  Rupert's  Land  and  the  North 
Western  Territory.  These  Gentlemen  have  been  this  day 
sworn  into  office  and  entered  upon  their  Legislative  and  Exe- 
cutive duties. 

Of  Judge  Johnson  &  Mr.  Smith  who  are  both  well  known 
to  the  Government  of  Canada  I  need  say  nothing. 

Mr.  Paschal  Brelan  is  a  French  Half-breed  about  sixty 
years  of  age  and  who  has  long  enjoyed  a  high  reputation  in 
this  Province  for  integrity  and  intelligence.  I  find  him  spoken 
of  in  the  highest  terms  by  men  of  all  sides,  French  &  English. 

He  took  no  part  in  the  troubles  of  last  winter.  At  the 
time,  I  believe,  he  was  absent  at  the  Plains.  Lie  will  be  able 
to  contribute  valuable  information  on  subjects  connected  with 
the  West,  having  spent  many  years  of  his  life  on  the  Plains  as 
a  hunter.  I  assume  that  it  will  be  necessary  presently  to  add 
to  the  number  of  the  Councillors  but  for  the  moment  a  limited 
Body  is  sufficient,  and  my  present  Council  gives  a  fair  repre- 
srntation  of  the  three  great  interests  of  the  West,  the  English, 
the  French  &  the  Hudson's  Bay  interest. 

I  have  the  honor  to  be, 
Sir, 
'  Your  obedt.  servant, 

The  Honble  (Signed)  Adams  G.  Archibald. 

The  Secretary  of  State 
for  the  Provinces 
Ottawa. 

3.  Letter  from  Lieutenant  Governor  Archibald  to  the  Secretary 
of  State  for  the  Provinces,  Oct.  22,  1810^^ 

(No.  26)  Fort  Garry,  October  22nd,  18Y0. 

Sir,— 

I  beg  to  acquaint  3^on  that  I  have  found  it  necessary  to 
take  some  steps  with  a  view  to  arrest  the  spread  of  small  pox 
in  the  region  of  the  Saskatchewan,  and  to  prevent  its  intro- 
duction into  the  Province  of  Manitoba. 

I  send  you  herewith  an  extract  from  a  letter  of  the  Reverend 
Pere  Lacombc,  to  the  Right  Reverend  the  Bishop  of  St.  Boni- 
face, which  has  just  arrived  from  the  Saskatchewan,  and  which 
gives  a  frightful  picture  of  the  disease  and  of  its  loathsome 

*  Papers  of  Secretary  of  State  for  the  Provinces,  Ottawa,  492,  1870. 
also  Sessional  Papers  34  Victoria.  (No.  20)  p.  69. 


PIONEER    LEGISLATION  977 

nature,  and  of  the  extent  to  which  it  prevails.  There  seems 
to  be  much  danger  of  the  introduction  of  the  disease  into 
Manitoba  and  there  is  great  difficulty,  by  a  mere  Order  in 
Council,  to  adopt  measures  sufficiently  stringent. 

We  could  hardly  give  the  force  of  law  to  any  regulations 
we  might  adopt,  and  such  regulations,  even  if  valid,  could 
extend  to  the  Province  only. 

Under  these  circumstances,  I  have  thought  it  best  to  use 
the  Legislative  Authority  of  the  Governor  and  Coimcil  of 
Rupert's  Land  and  the  IS'orth  West  Territories,  to  enact  such 
provisions  on  the  subject  as  the  circumstances  would  seem  to 
justify.  I  shall  endeavor,  herewith,  to  enclose  you  a  Copj' 
of  the  Ordinances  that  have  been  framed,  but  possibly  I  may 
not  be  able  to  do  so  before  the  mail  closes,  in  which  case  I  shall 
enclose  them  to  you  by  the  next  mail. 

I  have  the  honor  to  be,  Sir, 

Your  obedient  servant, 

(Signed)  Adams  G.  Akchibald. 

The   Honorable, 

The  Secretary  of  State  for.  the  Provinces. 

Ji.  Ordinance  passed  hy  the  Lieutenant  Governor  and  Council 
of  Rupert's  Land  and  the  North-Western  Territories 
for  the  prevention  of  smallpox,  Oct.  22, 1870.^^^ 

Whereas,  Smallpox  of  a  very  malignant  type  is  now  ex- 
tensively prevailing  in  the  Valley  of  the  Saskatchewan,  and 
southwardly  thereof  to  the  boundary  line  of  the  United  States 
of  America ;  and  whereas,  with  a  view  to  arrest  the  progress  of 
the  disease  eastwardly,  it  is  necessary  to  adopt  stringent  meas- 
ures to  prevent  all  persons  and  property  who,  or  which  may, 
<?arry  infection,  from  being  brought  or  sent  to  the  East,  and  to 
make  certain  regulations  in  respect  of  such  persons  and  pro- 
perty : 

Be  it  therefore  enacted  by  the  Lieuetnant  Governor  and 
Council  of  Rupert's  Land  and  the  ISTorth- Western  Territories, 
as  follows : — 

1st.  The  following  articles  shall  be  considered  as  capable  of 
carrying  infection — that  is  to  say:  Furs,  Buffalo  Robes 
and  Hides,  Tents,  Skins,  Clothing,  Blankets,  and  Peltries 
of  all  descriptions. 

*  Sessional  Papers,  34.  Victoria  (No.  20,  p.  71). 
28159—62 


978  CANADIAN    AECHIVES 

2nd.  jSTo  goods  of  the  description  hereinbefore  enumerated, 
shall  be  j^ermitted  to  pass  eastwards  of  the  south  branch  of 
the  Saskatchewan  River. 

ord.  All  such  goods  and  property,  as  well  as  the  persons  accom- 
panying the  same,  coming  from  the  westward  of  the  said 
line,  and  passing  to  the  eastward  thereof,  shall  be  liable  to 
seizure  as  hereinafter  is  provided. 

4  th.  All  such  enumerated  goods  found  eastward  of  the  said 
line,  and  between  it  and  the  line  of  the  Province  of  Mani- 
toba shall  prima  facie  be  held  and  treated  as  having  come 
from  the  westward  of  the  said  line,  and  be  liable  to  seiz- 
ure, and  the  burden  of  proving  the  eontrar^^  shall  be  upon 
the  owners. 

r>th.  All  such  enumerated  goods  which  shall  be  found  to  the 
eastward  of  the  said  line,  and  shall  have  come  from  the 
westward  thereof,  shall  be  liable  to  seizure;  but  the  same 
may  be  stored  in  suitable  places  to  be  provided  for  that 
purpose,  and  kept  in  store  until  the  same  shall  have  been 
disinfected,  and  so  certified  to  be,  by  proper  officers  ap- 
pointed by  the  Board  of  Health,  and  such  goods,  where  so 
disinfected  and  certified,  may  be  allowed  to  pass  eastward, 
on  the  written  permit  of  such  officers. 

6th.  ]^o  person  coming  from  the  westward  of  the  said  line 
shall  be  allowed  to  pass  eastward  until  the  expiration  of 
ten  days  from  the  time  of  his  passing  such  line  and  until 
he  shall  have  received  from  such  Health  Officer  a  certi- 
ficate of  health. 

7th.  Any  person  who  shall  send,  carry,  or  cause  to  be  sent  or 
carried  any  such  enumerated  goods,  or  wlio  shall  pass  or 
travel  eastwardly  of  the  said  line,  without  such  permit,  in 
violation  of  the  provisions  of  this  Act,  shall  be  guilty  of  a 
misdemeanor,  and  shall  incur  a  penalty  not  exceeding  One 
hundred  pounds,  which  may  be  recovered  by  complaint  be- 
fore any  Justice  of  the  Peace,  upon  the  oath  of  one  cred- 
ible witness- 

8th.  It  shall  be  lawful  for  any  Justice  of  the  Peace,  Peace 
Officer,  Constable,  or  other  person  authorized  by  the  Board 
of  Health,  at  any  place  M-ithin  Pnpert's  Land  or  the  ISTorth 
Western  Territories,  with  or  without  w^arrant,  to  seize,  ar- 
rest and  detain  any  persons  or  goods  hereinbefore  enumer- 
ated, being  or  proceedino;  in  any  direction  wathin  such 
territories  in  violation  of  the  provisions  hereinbefore  con- 
tained :  provided  always  that  any  person  claiming  to  be 


PIONEER    LEGISLATION  979 

proprietor  of  any  goods  so  seized  or  detained,  may  at  any 
time  after  such  seizure,  give  notice  in  writing  to  the  per- 
■  son  seizing  the  same,  of  the  intention  of  such  claimant  to 
apply  by  written  petition  to  the  Lieutenant  Governor  of 
the  said  Territories  to  have  such  property  restored,  and 
upon  any  such  a])plicatifin  for  restoration  of  property  so 
seized  or  detained,  the  Lieutenant  Governor  shall  make 
such  order  provisional  or  final  as  to  him  shall  seem  fit. 
9  th.  It  shall  be  lawful  for  the  Lieutenant  Governor  to  appoint 
a  Board  of  Health,  and  also  such  Healtli  Officers,  and  other 
Officers,  as  shall  in  his  fudgnnent  be  required  or  expedient 
for  giving  effect  to  the  provisions  of  this  Act,  and  any 
Officers  so  appointed  shall  have  all  the  powers  and  author- 
ity of  a  Justice  of  the  Peace  throughout  the  extent  of  Eu- 
pert's  Land  and  the  North- AVestern  Territories. 
10th.  It  shall  be  lawful  for  the  Lieutenant  Governor,  in  any 
case  in  which  he  shall  be  satisfied,  that  no  danger  will  re- 
sult* therefrom,  to  relax  the  provisions  of  this  Act,  and  to 
make  such  order  respecting  any  particular  parcel  of  goods 
as  the  public  safety  may  seem  to  him  to  require  or  allow. 
11th.  One  half  of  any  fine  imposed  under  this  Act  shall  be  pay- 
able to  the  person  giving  information,  and  lodging  his  com- 
plaint, and  the  other  half  shall  be  paid  into  the  Treasury, 
and  be  appropriated  to  defray  the  expenses  of  carrying  out 
this  Act. 
12th.   This  Act  shall  be  and  remain  in  force  for  six  months 
now  next  ensuing  and  for  any  further  length  of  time  the 
Lieutenant-Governor  may  by  his  proclamation  appoint. 


5.  Letter  from  the  Secretary  of  State    for    the    Provinces    to 
Lieutenant  Governor  Archibald,  Nov.  17,  1870. 

Office  of  the  Secretary  of  State  for  the  Provinces, 

Ottawa,  I7th  :N'ov.  1870. 

(No.  573.) 

Sir, — 

I    have    the    honor    to     acknowledoe    the    receipt  of    your 
Despatch  of  the  22nd  Ulto.,  stating  that  you  have  appointed 
28159— 62J 


980  CANADIAN    ARCHIVES 

Messrs.  Johnson,  Smitli  &  Brelan  to  be  Members  of  the 
Executive  and  Legislative  Councils  for  Rupert's  Land  &  the 
ISTorth  West  Territories. 

I  have  no  doubt  that  in  making  these  appointments  you 
have  acted  after  full  consideration  of  the  question  as  to  your 
authority  to  make  them.  In  the  absence,  however,  of  inform- 
ation on  this  point,  the  Government  here  are  in  the  dark  as  to 
the  authority  under  which  you  have  acted,  &  would  desire  ex- 
planations from  you  in  order  that  in  case  any  irregularity  may 
have  occurred,  it  may  be  remedied  by  confirmatory  action 
here. 

The  ar>Dointment  cannot  have  been  made  under  the  Act  32 
&;  33  Vict.  Ch.  3,  as  by  the  4th  clause  it  is  provided  that  "the 
Governor  General  may,  with  the  advice  of  the  Privy  Council, 
appoint  a  Council  of  not  exceeding  fifteen  nor  less  than  seven 
persons  to  aid  the  Lieut.  Governor  in  the  Administration  of 
Affairs.-' 

This  Council  is  to  be  a  mere  consultative  Body,  with  such 
additional  powers,  as  may  be  from  time  to  time  conferred  upon 
it  by  order  of  the  Privy  Council  of  Canada. 

I  presume  therefore  that  the  appointment  of  the  three 
Gentlemen  you  have  named  has  been  made  in  pursuance  of 
the  5th  &  6th  clauses  of  the  Act.  If  so,  you  will  be  kind  enough 
to  report  for  the  information  of  His  Excellency  the  nature  & 
extent  of  the  Law  or  other  authority  under  which  the  appoint- 
ments have  been  made. 

The  only  Council  that  we  are  informed  of  is  the  Council  of 
Assiniboia  whose  powers  do  not,  it  is  supposed  here,  extend 
beyond  the  limits  of  Manitoba. 

His  Excellency  has  no  doubt  that  the  selection  of  these  three 
Gentlemen  has  been  made  with  proper  care  and  after  full 
consideration,  and  you  are  to  understand  that  further  inform- 
ation is  now  sought  from  you  for  the  purpose  of  confirming 
these  appointments  should  there  be  any  question  as  to  your 
power  to  make  them. 

It  is  considered  advisable  by  His  Excellency,  the  Governor 
General,  that  a  Council  under  the  Act  above  cited  should  be 
established  and  you  will  be  good  enough  to  transmit  .to  me  a 
List  of  names  of  Gentlemen  eligible  for  the  position.  The 
minimum  is  fixed  at  Seven,  and  you  will  therefore  report  to  me 
a    number    of    names,    giving    in    detail    their    qualifications 


PIONEER    LEGISLATION  981 

from  position,  education,  race  or  otherwise  so  that  from  the 
List,  His  Excellency  may  be  able  to  select  a  Council  of  Seven. 

I  have  the  honour  to  be, 

Sir, 

Your  obedt.  Servant, 

The  Honble  Joseph  Howe^ 

A.  G.  Archibald,  Secretary  of  State. 

Lieut.  Governor 
Fort  Garry, 
Manitoba. 


'J.  Letter  from  the  Secretary   of  State   for   the   Provinces   to 
Lieutenant  Governor  Archibald,  No.   19,  1870}^^ 

Qso.  576.)      Office  of  the  Secretary  of  State  for  the  Provinces, 

Ottawa,  19th  November,  1870. 
Sir,— 

I  have  the  honor  to  acknowledge  the  receipt  of  your  Des- 
patch, No.  26,  dated  22nd  ultimo,  enclosing  copy  of  an  Act  or 
Ordinance  passed  by  the  Lieutenant  Governor  and  Council  of 
Kupert's  Land  and  the  North- Western  Territories,  for  the  pre- 
vention of  small  Dox. 

The  Ordinance  seems  well  adapted  for  the  purpose  for 
which  it  was  enacted,  and  the  only  question  is  as  to  the  autho- 
rity to  pass  it.  On  this  subject  I  would  refer  to  the  observa- 
tions in  my  Despatch  to  you  of  the  I7th  instant  on  the  appoint- 
ment of  Messrs.  Johnson,  Smith  and  Brelan(d)  as  His  Ex- 
cellency the  Governor  General  desires  to  be  informed  as  to  the 
nature  and  intent  of  the  authority  under  which  you  are  acting. 

I  have  the  honor  to  be,  Sir, 

Your  obedient  servant, 

(Signed)  Joseph  Howe, 

Secretary  of  State. 
The  Llonorable  A.  G.  Archibald, 

Lieutenant  Governor,  Eort  Garry, 

(')  Sessional  Papers  34  Victoria  (No.  20,  p.   73). 


982  CAXADIAN    ARCHIVES 

Letter  from  Lieutenant  Governor  Archibald  to  the  Secretary  of 

State  for  the  Provinces,  Nov.  22,  1870. 

No.  48. 

Government  House,  Fort  Garry. 

22iid  l^ox'.,  1870. 
Sir, — 

I  had  the  honor  to  inform  you  bj  my  Despatch  J^o.  26  of 
the  22nd  October  last  of  the  alarming  progress  of  smallpox  in 
the  region  of  the  Saskatchewan,  and  of  the  measures  I  bad 
taken  under  the  Legislative  power  of  the  Governor"  and  Conn- 
cil  of  the  liorth  West  Territory  to  meet  the  emergency. 

By  my  despatch  'No.  20  of  the  13th  October  last,  I  bad  pre- 
viously informed  you  of  the  frightful  accounts  received  from  the 
West,  and  I  was  induced  by  the  information  so  received  and  by 
the  urgent  solicitations  of  the  Board  of  Health,  that  something 
should  be  done  without  delay  to  arrest  the  progress  of  the  diseasf> 
to  take  tbe  only  means  that  seemed  to  me  to  be  in  mv  power  to 
bring  Legislative  action  to  bear  on  the  question.  It  did  not 
seem  to  me  that  an  order  of  the  Executive  Council  of  Mani- 
toba would  have  sufficiently  legal  vigor  to  meet  the  case,  and 
therefore  the  only  course  open  to  me  seemed  to  be  to  resort  tn 
the  Legislative  power  within  the  Province. 

Unfortunately  although  I  had  then  been  in  the  Province 
from  the  3rd  September,  nearly  eight  weeks,  my  books  and 
papers,  despatched  from  Ottawa  on  the  fith  August,  had  never 
reached  this  place,  and  in  all  Manitoba  not  a  single  copy  of  the 
Acts  of  1869  was  to  be  found. 

I  had  but  a  vague  recollection  of  the  terms  of  the  Rupert's 
Land  Act,  but  I  assumed  that  substantially  it  would  be  the  same 
with  the  Manitoba  Act,  so  far  as  my  power  of  appointm.ent  was 
concerned.  Judge  Johnson  with  whom  I  conferred  could  not 
add  to  my  information.  Mr.  Donald  A.  Smith  who  was  the 
Commissioner  of  the  Government  of  Canada  during  the  time 
the  Act  was  applicable  to  the  whole  Xorth  West  could  give  nn 
particulars. 

Accordingly  I  did  the  best  I  could  in  the  emero-oncy  nnd 
selected  three  Gentlemen  for  Councillors  who  were  duly  sworn 
into  office  and  we  immediately  proceeded  to  legislnto  passing 
some  very  stringent  ordinances  on  the  subject  of  smallpox  and 
spirituous  Liquors.  Wo  immediately  despatched  these  laws  to 
tbe   West    and    ap])ointe(1    an    officer    or    two    just    beyond    tbc 


PIOXEEK    LEGTSLATld^"  983 

Border,  to  carry  them  into  effect,  and  since  then  I  have  reason 
lo  hope  that  in  consequence  of  the  vio-orous  manner  in  which 
the  difficulty  was  met  we  may  escape  the  ravages  of  this  fright- 
ful scourge,  while  it  would  inevitably  have  visited  us,  if  we 
had  not  taken  most  determined  measures  to  prevent  the  impor- 
tation of  furs  and  robes  from  the  infected  district. 

Meanwhile  about  the  5th  Inst.,  my  books  arrived,  and  when 
I  turn  to  the  Rupert's  Land  Act  (which  you  recollect  was  not 
printed  in  the  pamphlets  containino-  the  Union  and  j\Ianitoba 
Acts,  of  w'hich  there  were  numerous  copies  here)  I  find  that  I 
have  been  all  wrong  and  that_I  have  been  exercising  functions 
belonging  to  the  Governor  General  who  by  the  4th  section  of  the 
Act,  has  the  appointment  by  warrant  under  his  Sign  Manual  of 
a  Council  not  exceeding  fifteen  and  not  les?  than  seven  persons 
to  aid  the  Lieutenant  Governor  in  the  administration  of 
Affairs,  with  such  ])owers  as  may  be  from  time  to  time  confer- 
red upon  them  by  Order  in  Council. 

The  2nd  section  of  the  Act  is  rather  equivocal  in  its  read- 
ing. It  prescribes  that  the  Governor  General  may  by  Order  in 
Council  confer  upon  the  Lieutenant  Governor  the  power  to 
make  provision  for  the  administration  of  Justice  in  the  Terri- 
tory, and,  as  regards  the  Legislative  power,  it  may  mean  either 
that  the  Governor  General  may  himself  make  and  ordain  Laws 
or  that  he  may  authorize  the  Lieutenant  Governor  to  do  so. 

The  Act  says  it  shall  be  lawful  for  the  Governor  General 
to  authorize  the  Lieutenant  Governor  to  make  provision  for  the 
administration  of  Justice,  and  generally  to  make  and  ordain 
Laws.  Dees  this  mean  that  it  shall  be  la^\'f ul  for  the  Governor 
General  to  confer  the  authoritv  to  do'  all  this,  or  to  confer  the 
authority  as  regards  the  administration  of  Justice,  and  to  make 
and  ordain  Laws  himself  ?  To  construe  the  Statute  by  gram- 
matical  rules,  it  would  seem  that  the  latter  is  the  meaning,  but 
judging  from  the  scope  and  object  of  the  Act,  thi^  could  never 
have  been  intended  and  the  true  construction  is*  probably  that  of 
the  marginal  note  where  the  clause  is  summarised  "Appoint- 
ment and  functions  of  Lieutenant  Governor:  Power  to  him  to 
make  Laws.*' 

But  even  if  that  construction  is  adopted,  it  will  be  noccosary 
to  confer  the  powers  of  the  Legislation  by  an  Order-in-Coun- 
cil,  and  I  have  therefore  to  ask  you  to  call  the  attention  of  the 
Government  to  the  wording  of  the  clause  with  a  view  to  the 
passing  of  such  an  Order-in-Council,  as  would  confer  the  Leg- 


984  CANADIAN    ARCHIVES 

islative  power  which  I  assume  ought  to  be  held  by  the  Lieuten- 
ant Governor. 

The  Council  prescribed  by  the  4th  clause  of  the  Act  are  a 
Body  to  aid  in  the  Administration  of  Affairs.  The  Administra- 
tion of  Affairs  is  to  be  conducted  under  the  3rd  clause  of  the 
Act,  pursuant  to  instructions  to  be  given  by  Ortler-in-Council. 
This  would  seem  to  confine  the  powers  of  the  Council  to  those  of 
aij  advisory  nature. 

Was  it  intended,  and  if  it  was,  does  the  language  of  the 
Act  give  the  necessary  power  that  the  Council  is  to  have 
Legislative  authority? 

I  have  always  understood  that  in  the  old  Governments  of 
Governor  and  Council,  the  functions  of  legislation  were  exer- 
cised by  the  Council  passing  and  the  Governor  assenting, 
substituting  two  branches  for  three,  but  then  these  Governments 
flowed  from  the  prerogative  while  this  has  its  origin  in  a  Sta- 
tute, and  takes  those  powers  only  which  it  was  the  pleasure  of 
the  Legislature  to  confer. 

Doubtless  the  matter  was  thoroughly  understood  by  those 
who  passed  the  Act  but  I  confess  I  was  greatly  surprised  in  read- 
ing it  to  find  its  language  so  different  from  what  I  expected 
to  find  it. 

On  making  the  discovery  of  how  far  I  had  been  mistaken 
I  was  at  some  loss  what  course  to  take. 

Fortunately  I  had  not  gazetted  the  appointments,  or  done 
anything  further  than  the  publication  of  the  Ordinances  to 
make  public  the  fact  that  there  was  a  Council  in  existence, 
and  the  matter  up  to  this  moment  has  not  excited  an  enquiry, 
but  the  Ordinances  are  treated  as  perfectly  legal  &  valid. 

Meanwhile  I  shall  take  an  opportunity  of  suggesting  at  an 
early  day  the  names  of  enough  persons  to  make  a  Council  of 
Seven  and  if  the  Government  at  Ottawa  will  by  order,  accord- 
ingly as  they  interpret  the  Act,  confer  on  me,  or  on  myself  & 
the  Council  which  is  appointed,  the  Legislative  power,  it  will 
be  easy  to  make  the  Ordinances  legal  by  a  ratification  of  them 
made  by  proper  Legislative  authority. 

It  is  of  great  importance  that  the  Legislation  adopted  should 
be  made  valid  &  enforced  as  nothing  short  of  these  stringent 
measures  will  meet  the  necessities  of  the  case. 

One  lesson  I  shall  learn  from  what  has  taken  place,  that  is, 
— never  again,  however  great  the  apparent  necessity,  to  assume 


PIONEER    LEGISLATION  985 

to  act  under  a  Statute  on  a  mere  vague  recollection  of  its 
terms. 

I  have  the  honor  to  be. 

Sir, 

Your  obedient  Servant, 

(Signed)  Adams  G.  Akchibald. 

S.  Letter  from  Lieutenant  Governor  Archibald  to  the  Secretary 
of  State  for  the  P.rovinces,  Dec.  6,  1870. 

jSTorth  West  Teebitoeies. 

1^0.  4  .  Government  House,  Fort  Garry, 

1^0.  58.  December  6th,  1870. 

Sir, — 

I  have  the  honour  to  acknowledge  the  receipt  of  your  Des- 
patch 1^0.  572  under  date  of  the  17th  ISTovember  last,  referring 
to  my  Despatch  of  the  22nd  October  on  the  subject  of  my 
appointment  of  certain  Gentlemen  to  be  members  of  the  Council 
for  the  ISTorth  West  Territories  &  asking  explanations  as  to  the 
authority  under  which  I  had  acted  in  making  these  appoint- 
ments. 

In  my  Despatch  iN'o.  48  under  date  the  22nd  Ulto-  I 
entered  fully  into  an  explanation  of  the  circumstances  under 
which  this  action  had  been  taken,  &  took  occasion  to  express 
uiy  regret  that  yielding  to  what  seemed  the  necessities  of  the 
moment  I  had  undertaken  to  act  without  having  before  me,  or 
having  any  opportunity  to  refer  to,  the  Statute  of  32  &  33  of 
Victoria  Ch.  3.  a  copy  of  which  at  the  time  was  not  to  be  found 
in  Manitoba. 

In  that  communication  I  requested  from  you  an  interpre- 
tation of  some  of  the  clauses  of  this  Act  in  question.     Your 
letter  to  which  I  am  now  replying  gives  me  information  on  one 
point,  but  I  shall  feel  obliged  if  you  will  let  me  have  the  views 
of  Government  on  the  other  points  referred  to  in  it. 

You  speak  of  the  Council  of  Assiniboia  as  one  that  I  may 
have  supposed  to  be  in  existence  but  its  jurisdiction  never  ex- 
tended beyond  a  circuit  of  fifty  miles  from  Fort  Garry  &,  be- 
sides it  passed  away  with  the  regime  of  the  Hudson's  Bay 
Company  on  the  16th  July  last.     At  this  moment  I  take  it 


986  CANADIAN    ARCHIVES 

the  only  legal  authority  in  the  ISTorth  West  Territories  is  that 
of  myself  as  Governor  and  the  Justices  of  the  Peace,  if  any 
there  were,  under  the  Hudson's  Bay  Company's  Regime  who 
were  continued  in  power  by  the  Act  of  1869. 

Before  closing  this  Despatch  I  shall  as  desired  submit  the 
names  of  a  number  of  Gentlemen  as  suitable  persons  to  form 
a  Council  for  the  ISTorth  West  Territories,  provided  I  can  pro- 
cure some  information  of  which  I  have  need,  in  time  for  this 
mail,  otherwise  I  will  forward  by  next  mail. 
I  have  the  honor  to  be. 
Sir, 

Your  obedient  Servant, 

(Signed)  Adams  G.  Archibald. 

The  Honble. 

The  Secretary  of  State 
for  the  Provinces. 


9.  Letter  from  Lieutenant  Governor  Archil>ald  to  the  Secretary 
of  State  for  the  Provinces,  Dec.  7,  1870J'^ 

(No.  0.)  jS'orth  Western  Territory,  Government  House, 

Fort  Garry,  Tth  December,  1870. 
Sir, — 

I  have  the  honor  to  acknowledge  the  receipt  of  your  Des- 
patch No.  576,  under  date  the  19th  ult.  referring  to  a  copy  of 
an  Act  or  Ordinance  on  the  subject  of  small  pox  in  the  ISTorth- 
Western  Territories,  transmitted  to  you  by  me  in  Despatch 
oSTo.  26  of  the  22nd  ultimo,  and  asking  for  certain  information 
as  to  the  authority  for  passing  the  Act. 

In  reply  I  have  to  refer  you  for  exphmation     of    the    cir- 
cumstances connected  with  this  matter  and  the  supposed  author- 
ity under  which  it  was  passed,  to  my  Despatch  No.  45  of  the 
22nd  ultimo,  and  also  to  my  Despatch  of  this  date,  being  No. 
58  written  in  reply  to  yours  of  the  l7th  November  last. 
I  have  the  honor  to  be. 
Sir, 

Your  obedient  Servant, 

(Signed)  Adams  G.  Archibald. 

The  Honorable 

The  Secretary  of  State  for  the  Provinces, 
Ottawa. 

1  Sessional  Papers,  3i  Victoria  (No.  20  p.  73.) 


PIONEER    LEGISLATION  987 

10.    Letter  from  the  Secretary  of  State  for  the  Provinces    to 
Lieuteimnt  Governor  Archibald,  Dec.  13,  1870. 

No.  628.         Office  of  tlie  Secretary  of  State  for  the  Provinces. 
Ottawa,  13th  Deer.  1870- 

Sir, — 

I  have  the  honour  to  acknowledge  the  receipt  of  your  Des- 
patch ISTo.  48  of  the  22nd  Ulto.  referring  to  your  Despatch  No. 
26  of  the  22nd  Octr.  hist  on  the  subject  of  the  ravages  of  the 
small  pox  in  the  Region  of  the  Saskatchewan  and  of  the 
measures  which  you  had  taken  to  meet  the  emergency. 

2.  In  your  Despatch  just  received  you  explain  the  circum- 
stances under  which,  not  having  a  Copy  of  the  Rupert's  Land 
Act  to  refer  to,  you  had,  under  an  erroneous  impression  of  the 
powers  conferred  on  you  by  that  Act,  appointed  3  Executive  & 
Legislative  Councillors  for  Rupert's  Land  and  the  North  West 
Territories. 

3.  It  is  satisfactory  to  receive  your  early  explanations  on 
this  head,  as  in  my  letter  of  the  17th  ulto.  in  reply  to  your 
Despatch  reporting  those  appointments,  your  attention  had 
been  called  to  their  apparent  irregularity. 

4.  The  suggestion  contained  in  your  last  Despatch  as  to 
the  propriety  of  His  Excellency  the  Governor  General  under 
the  provisions  of  the  2nd  Section  of  the  Rupert's  Land  Act 
conferring  Legislative  power  on  you  as  Lieut.  Governor  of  the 
North  West  Territories,  or  on  you  and  the  Council  appointed 
under  that  Act  will  not  fail  to  receive  the  early  consideration  of 
His  Excellency  in  Council. 

I  have  the  honour  to  be,  Sir, 

Your  obedt.   Servant, 

The  Honble  (Signed)  Joseph  Howe, 

A.  G.  Archibald  Secretary  of  State. 

Lieut.  Governor. 

Fort  Garry,  Manitoba. 


988  CANADIAN    ARCHIVES 

11.  Letter  from  the  Secretary  of  State  for  the  Provinces  to 

Lieutenant  Governor  Archibald  Dec.  28,  1870. 

'No.  663.        Office  of  the  Secretary  of  State  for  the  Provinces, 

Ottawa,  28th  Deer.,  1870. 
Sir, — 

I  have  the  honour  to  acknowledge  the  receipt  of  your  Des- 
patches Nos.  58  &  59  CNos.  4  &  5  Korth  West  Territories) 
dated  respectively  the  6th  &  7th  Inst,  in  reference  to  the 
appointment  of  certain  Gentlemen  to  be  Members  of  the  Council 
for  the  ]^orth  West  Territories,  and  to  the  passing  of  an  Act 
or  Ordinance  on  the  subject  of  smallpox. 

Your  Despatches  will  be  brought  under  the  early  notice  of 
the  Minister  of  Justice. 

I  have  the  honour  to  be,  Sir 
Your  obedient  servant, 

The  Honble.  (Signed)         Joseph  Howe^ 

A.  G.  Archibald,  Secretary  of  State. 

Lieut.  Governor- 
Fort  Garry,  Manitoba. 

12.  Minute  of  the  Privy   Council  of  the  Dominion,  Oct.   1, 

1873.^'^ 

Government  House,  Ottawa, 

Wednesday,  1st  Oct.  1873. 

present 

His  Excellency  the  Governor  General  in  Council. 

His  Excellency  was  pleased  to  lay  before  the  Council  a 
Despatch,  dated  6th  September,  1873,  from  his  Honor  the 
Lieutenant  Governor  of  the  North  West  Territories,  represent- 
ing, with  reference  to  the  Oath  directed  by  the  Order-in-Coun- 
cil  of  the  6th  August  last  to  be  taken  by  Members  of  the  Coun- 
cil of  the  North  West  Territories  that,  whereas  the  functions 
of  the  said  Council  are  both  Executive  and  Legislative,  it  would 
be  more  convenient,  and  would  contribute  to  the  public  interest 
if  the  secrecy  enjoined  by  the  said  Oath  were  limited  to  the 

*  Canada  Gazette,   November   15,  1873. 


PIONEER    LEGISLATIOX  989 

Executive  Functions  of  the  said  Council  to  the  exchision  of 
those  of  a  Legislative  character. 

Whereupon  His  Excellency,  by  and  with  the  advice  of  the 
Privy  Council,  and  under  the  provisions  of  the  1st  Section  of 
the  Act  passed  in  the  34th  year  of  Her  Majesty's  Reign,  in- 
tituled. An  Act  to  make  further  provision  for  the  Government 
of  the  North  West  Territories,  has  been  pleased  to  Order,  and 
it  is  hereby  Ordered 

That  the  following  form  of  Oath  be,  and  the  same  is  here- 
by substituted  for  the  form  of  Oath  of  the  Members  of  the 
Council  of  the  jSTorth  West  Territories  adopted  by  the  Order 
in  Council  of  6th  August  last,  that  is  to  say: 

THE  OATH   OF   THE   MEMBEES   OF   THE   COUNCIL. 

You^  ,  do  solemnly  promise  and 

swear  that  you  will  serve  Her  Majesty  truly  and  faithfully 
in  the  place  of  Her  Council  in  these  Her  Majesty's  N"orth- 
West  Territories:  You  will  keep  close  and  secret  all  such 
matters  as  shall  be  treated,  debated  and  resolved  on  in  Council 
relative  to  Executive  Fvmctions,  without  publishing  or  dis- 
closing the  same  or  any  part  thereof,  by  word,  writing  or  any 
otherwise,  to  any  person  out  of  the  same  Council  but  to  such 
only  as  be  of  the  Council,  and  yet  if  any  matter  so  propounded 
treated  and  debated  in  any  such  Council,  shall  touch  any  parti- 
cular person  sworn  of  the  same  Council,  upon  any  such  matter 
as  shall  in  any  wise  concern  his  loyalty  and  fidelity  to  the 
Queen's  Majesty,  you  will  in  nowise  open  the  same  to  him 
but  keep  it  secret,  as  you  would  from  any  person  until  the 
Queen's  Majesty's  pleasure  be  kno-uTi  in  that  behalf.  You 
will  in  all  things  to  be  moved,  treated  and  debated  in  any  such 
Council,  faithfully,  honestly  and  truly,  declare  your  mind  and 
opinion  to  the  honor  and  benefit  of  the  Queen's  Majesty  and 
the  good  of  Her  Subjects,  without  partiality  or  exception  of 
persons,  in  nowise  forbearing  so  to  do  from  any  manner  of  re- 
spect, favour,  love,  need,  displeasure  or  dread  of  any  person  or 
persons  whatsoever.  In  general  you  will  be  vigilant,  diligent 
and  circumspect  in  all  your  doings  touching  the  Queen's 
Majesty's  Affairs ;  all  which  matters  and  things  you  will  faith- 
fully observe  and  keep,  as  a  good  Councillor  ought  to  do  to  the 
utmost  of  your  power,  will  and  discretion.    So  help  you  God. 

W.   A.   HiMSWORTH, 

Clerl-  of  the  Privy  Council,  Canada. 


990  CAXADIAIS^    AKCIIIVES 

"  Minutes      of    North      West     Council." 

Government  House,  Fort  Garry, 

March  8th,  1873. 

At  a  meeting  of  the  Council  of  the  l^orth  West  Territories 
held  at  Government  House,  Fort  Garry,  on  the  eighth  clay  of 
March  1873,  the  following  Members  of  the  Council  were 
present. 

Honble.  Mr.  Girard 
"       D.  A.  Smith 

H.  J.  Clarke 
"        Pascal  Breland 

Boyd 
''        Dubuc 
"       Bannatyne.^^^ 

His  Excellency  the  Governor  General's  Commission  having 
been  read  by  the  Secretary,  His  Excellency  the  Lieutenant 
Governor  addressed  the  Council  as  follows : — 

Honorable  Gentlemen  of  the  Council  of  the  ]^orth  West,  I 
have  much  pleasure  in  calling  you  around  me  to  assist  me  in 
the  administration  of  the  affairs  of  the  North  West  Territories. 
The  duties  which  devolve  upon  you  are  of  a  highly  important 
character.  A  country  of  vast  extent  which  is  possessed  of 
abundant  resources  is  entrusted  to  your  keeping,  a  country 
which  though  at  present  but  sparsely  settled,  is  destined  I 
believe  to  become  the  home  of  thousands  of  persons,  by  means 
of  whose  industry  and  energy  that  which  is  now  almost  a 
wilderness  will  be  quickly  transformed  into  a  fruitful  land 
where  civilization  and  the  arts  of  peace  will  flourish.  It  is 
for  us  to  labour,  to  the  utmost  of  our  power,  in  order  to  bring 
about  as  speedily  as  possible,  the  Settlement  of  the  North  West 
Territories  and  the  development  of  their  resources,  and,  at  the 
same  time,  to  adopt  such  measures  as  may  be  necessary  to 
insure  the  maintenance  of  Peace  and  Order,  and  the  welfare 
fr  happiness  of  all  classes  of  Her  Majesty's  subjects  resident 
in  the  Territories.  The  scope  and  nature  of  your  authority 
are  set  forth  in  the  act  of  the  Dominion  Parliament  whereby 
the  formation  of  this  council  is  authorized,'^'  and  in  the  order 
of  the  Governor  General  in  Council'^'  copies  of  which  will  be 

*  Hon.  Fraiser's  name  has  been  erased  in  the  original. 
^  An  Act  to  make  further  provision  for  the  government  of  the  Noilh 
West  Territories.  April  14,  1871    (34  Vict.,  eh.  16). 
"  Dated  Januarv  2,  1873. 


piONEEK  legislatio:n  991 

laid  before  you — Among  other  matters  which  should  claim  your 
immediate  attention,  will  be  the  taking  means  for  ascertaining 
in  what  nortions  of  the  N.  W.  Territories  settlements  have 
been  formed, *^^  and  suggesting  to  the  Dominion  Govt,  the  pro- 
priety of  surveying  and  dealing  with  the  lands  in  those  dis- 
tricts. It  will  also  be  advisable  to  ascertain  the  numbers  of 
the  various  native  tribes,  with  the  localities  in  which  they  reside, 
and  to  suggest  measures  for  concluding  satisfactory  treaties 
with  them.  Means  must  be  devised  for  the  proper  adminis- 
tration of  Justice,  the  prevention  of  Trade  in  intoxicating 
liquors,  and  the  vigorous  ass'ertion  of  the  law  in  all  cases  of 
crime  and  disorder. 

I  will  also  take  your  Counsel  as  to  the  most  appropriate 
locality  in  which  the  band  of  Sioux  now  resident  in  ]\[anitoba, 
should  be  placed  for  permanent  residencf.*"' 

I  now  invite  you  to  enter  upon  the  duties  of  your  office, 
well  assured,  as  I  am,  of  your  sincere  desire  to  assist  me  loyally 
and  faithfully  in  the  administration  of  the  affairs  of  the  North 
West,  and  in  the  development  of  that  mighty  region  whose 
Future  I  believe  to  be  so  full  of  promise. 

A.  M.,  L.  G.'"^ 


It  was  then  moved  by  the  Hon.  M.  A.  Girard,  seconded 
by  the  Hon.  H,  J-  Clarke,  and 

Resolved,  That  His  Excellency's  address  be  entered  in  the 
Minutes  of  Council  and  that  time  be  given  to  Council  to  pre- 
pare an   address  in  reply. 

Moved  by  Honble.  M.  A.  Girard 

Seconded  by  Honble.  D.  A.  Smith 

and  Resolved,  that  an  Act  passed  by  the  Lieutenant  Governor 
and  Council  of  Rupert's  Land  on  the  22nd  of  October  1870, 
for  the  prevention  of  the  sale  of  spirituous  liquors  in  the  N^orth 

*  The  Order  in  Council  transferring  the  Territory  to  Canada  indicates 
where  settlements  are. 

^  Afiter  the  Minnesota  massacres  the  Sioux  entered  the  District  of 
Assiniboia  in  1862.  They  -were  now  living  in  the  parishes  of  Poplar 
Point,  High  Bluff  and  Portage  la  Prairie.  See  Morris,  Treaties  of  Can- 
ada rrith  ihe  Indians  of  the  Northirest,  p.  276. 

'Alexander  Morris,  Lieutenant  Governor. 


992  CAISADIAN    AKCIIIVES 

West  Territories  be  re-enacted}^^  and  it  now  he  read  for  the 
first  time. 

The  Bill  ivas  then  read  a  first  time. 

Communications  were  then  laid  before  the  Council  concern- 
ing the  present  condition  of  the  Indians  at  and  near  Fort  Ellice 
and  elsewhere,  and  the  Secretary  was  instructed  to  prei)are  a 
resolution  expressing  the  views  of  the  Council  in  respect  thereto. 

Moved  bj  Honble.  M.  A.  Girard 

Seconded  by  Honble.  D.  A.  Smith,  and 
Resolved  that  an  address  be  prepared  and  transmitted  to  His 
Excellency  the  Governor  General,  *^^  congratulating  him  upon 
his  appointment,  and  expressing  the  hope  that  he  will  soon  visit 
the  IsTorth  West. 

After  some  discussion  on  the  subject  of  the  administration 
ot  Justice  in  the  ISTorth  West  Territories,  decided,  as  to  the 
probable  advisability  of  four  Stipendiary  Magistrates  being 
appointed,  who  should  be  stationed  at  Eort  Francis,  Fort  Qu'- 
Appelle,  Fort  Carlton  and  Fort  Edmonton,  also  a  resident 
Judge.<'^ 

It  was  determined  that  the  following  subjects  should  be  dis- 
posed of  at  the  next  meeting  of  the  Council,  viz. :  Address 
to  H.  E.  the  Governor  General,  reply  to  H.  E.  the  Lieutenant 
Governor's  speech ;  the  selection  of  a  scout  to  proceed  at  once 
into  the  Saskatchewan  and  Plain  country;'^'  and  the  resolution 
concerning  the  present  condition  of  the  Indians  at  and  near 
Fort  Ellice  and  elsewhere.  Also  that  the  questions  of  the  ad- 
ministration of  Justice  in  the  ISTorth  West  Territories,  the 
1(  cation  of  the  Sioux  now  in  the  Province  of  Manitoba,  and  the 

*Th6  40th  and  59th  Standing  Eules  of  the  Fur  Trade  established  by 
the  Councils  of  the  Northern  and  Southern  Departments  of  Rupert's 
Land  regulated  the  sale  of  spirits.  The  Company  aimed  to  discourage 
the  i^se  of  spirits  among  the  Indians.  Donald  A.  Smith  by  what  is  still 
known  as  the  Smith  Act  forbade  the  importation  of  intoxicating  liquors 
into  the  Company's  Territories.  This  Act  was  passed  also  by  Lieut. 
Gov.  Archibald  and  his  small  Executive  Council  of  Three — (Johnson, 
Smith,  Breland).  Butler's  report  says,  "Alcohol  discontinued  by  the 
Hudson's  Bay  Company  in  their  Saskatchewan  district  for  many  years 
has  been  freely  used  of  late  by  free  traders  from  Red  River;  and,  asgieat 
competition  always  exists  between  the  traders  and  the  employers  of  the 
Company  the  former  have  not  hesitated  to  circulate  among  the  natives 
the  idea  that  they  have  suffered  much  injustice  in  their  intercourse  with 
the  Company. 

'  The  Earl  of  Doifferin  visited  the  West  in  the  summer  of  1877. 

»  With  powers  of  J.  of  C.  of  L.  B. 

*  In  1870,  Captain  W.  F.  Butler  had  been  sent  as  a  scout  or  commis- 
sioner of  the  Dominion  government  to  report  on  the  condition  of  the  Ter- 
ritories, to  decide  whether  troops  were  necessary,  to  ascertain  the  ravages 
of  small  pox,  to  enforce  the  liquor  law  and  in  general  to  report  on  the 
natives. 


PIOXEER    LEGISLATION  993 

sale  of  poisons  in  the  iSTorth  West  Territdi-ie-^,  shoiild  l)e  dis- 
cussed by  Council  with  a  view  to  their  final  settlement. 

Council  then  adjourned  to  meet  on  Monday,  March  10th 
nl  10.30  a.  m.,  at  Government  House. 

Memorandum.  Ilonhle.  Donald  A.  Smith  stated  that  the 
Hudson's  Bay  Company  are  in  possession  of  information  con- 
cerning the  various  settlements  in  the  Territories,  their  popula- 
tion, (Src,  which  would  be  placed  at  the  disposal  of  Council. 

Government  House, 

March  10th,  1873. 
The  Council  met  at  10-30. 

Present 

Honble.  D.  A.   Smith, 
"       H.   J.   Clarke, 
''       Bovd, 
"       Breland, 
"       Bannatvne, 
"       Diibuc' 

Minutes  of  last  meetino-  of  Council  read  and  confirmed, 
Address  to  H.  E.  the  Governor  General  read  and  approved. 

Moved  by  Honble.  D.  A.  Smith 

Seconded  by  Honble.  Mr.  Dubuc,  and 

Resolved,  that  the  j\Iembers  of  the  Council  of  the  Xorth 
West  Territories  thank  His  Excellency  .the  Lieutenant  Gover- 
nor for  His  gracious  speech.  They  appreciate  the  responsibil- 
ities of  their  position  as  Members  of  the  Council  charged  with 
the  administration  of  affairs  in  a  country  of  such  vast  extent, 
which,  although,  at  present  sparsely  settled,  they  hope  and  be- 
lieve will  ere  long  become  the  home  of  thousands  of  persons 
hj  means  of  whose  industry  and  energv  that  which  is  now  al- 
most wilderness  will  be  quickly  transformed  into  a  fruitful 
land  where  civilization  and  the  Arts  of  Peace  will  flourish. 

They  feel  it  to  be  their  duty  to  labour  to  the  utmost  of  their 
power  in  order  to  brinq-  about  as  speedily  as  possible,  the  settle- 
ment of  the  Xortli  West  Territories  and  the  development  of 
their  resources  and  at  the  same  time  to  adopt  such  measures  as 
may  be  necessary  to  insure  the  maintenance  of  Peace  and 
Order,  and  the  welfare  and  happiness  of  all  classes  of  Her 
Majesty's  subjects  resident  in  the  Territories. 

28159—03 


994  CANADIAN    ARCHIVES 

They  recognize  the  importance  of  the  various  questions  to 
which  their  attention  has  been  directed  by  His  Excellency,  and 
desire  to  deal  with  them  in  an  intelligent  and  patriotic  manner. 

In  entering  upon  the  duties  of  their  office  they  are  animated 
by  a  sincere  wish  to  assist  the  Lieutenant  Governor  loyally 
and  faithfully  in  the  administration  of  the  affairs  of  the  North 
West,  and  in  the  development  of  the  resources  of  the  mighty 
region  whose  Future  they  believe  to  be  so  full  of  promise. 

The  following  Bill  authorizing  the  appointment  of  Magis- 
trates'^^ and  Coroners  was  then  read  a  first,  second  and  third 
time  and  passed. 

"  Whereas  it  is  necessary  to  provide  for  the  repression  of 
crimes  and  other  infractions  of  the  laws  in  the  North  West 
Territories,  the  immediate  appointment  of  Justices  of  the 
Peace  is  of  urgent  importance. 

Be  it  therefore  enacted  by  the  Lieutenant  Governor  of  the 
North  West  Territories,  by  and  with  the  advice  of  the  Council 
of  the  North  West,  that 

It  shall  be  lawful  for  the  Lieutenant  Governor  in  Council 
whenever  he  shall  think  fit  to  appoint  such  and  as  many 
Justices  of  the  Peace  and  also  Coroners  for  the  North  West 
Territories,  as  to  him  shall  seem  meet,  and  at  the  time  of  such 
appointment  to  declare  whether  such  Justices  and  Coroners 
shall  have  jurisdiction  throughout  the  whole  Territories  or 
within  any  particular  district  or  portion  thereof  to  be  defined 
and  described  in  the  Commission  appointing  any  such  officer. 
And  such  officer  shall  thereupon  be  invested  with  Jurisdiction 
in  the  Territories  or  in  any  sub-division  thereof  as  the  case 
may  be. 

Resolved,  That  in  the  opinion  of  Council  it  is  necessary 
that  for  the  Maintenance  of  Peace  and  Order  in  the  North 
West  Territories,  a  sufficient  force  of  Military  and  Police,  the 
latter  being  under  Military  discipline  and  either  wholly  or  in 
part  mounted,  should  Avithout  delay  be  stationed  in  the 
Territories.^^^ 

Resolved,  That  the  Council  of  the  North  West  Territories 
ask  authority  to  send  the  Honble.  Mr.  Breland  out  at  once  to 
ascertain  facts  as  to  the  threatened  Sioux  Raid  which  has  been  . 
represented  to  them. 

*  The  Lt.  Governor  was  authorized  (34  Victoria,  ch.  16)  "  to  make 
provisioij  for  the  administration  of  Justice." 

'  The  Royal  Northwest  Mounted  Police  were  organized  in  1873  with  an 
initial  strength  of  300  men  under  Commissioner  French.  The  bill  to 
establish  the  R.N.W.M.P.  was  assented  to  May  23,  1873. 


PIONEER    LEGISLATION  995 

A  dispatch,  based  upon  the  resolution  was  at  once  sent  b^'^ 
telegraph  to  Ottawa  (See  Tel.  No.  1.) 

The  Act  for  the  prohibition  of  the  sale  of  Liquors,  with 
lanendments,  was  then  read  a  second  and  third  time  and  passed 
in  the  following  form. 

"  Whereas  the  giving,  selling,  or  bartering  to  Indians  of 
spirituous  liquors  is  subversive  of  public  order  and  dangerous 
to  the  public  peace  and  the  use  or  sale  of  such  liquor  in  the 
iS^orth  West  Territories  is  detrimental  not  only  to  the  Indian 
population  but  to  the  other  residents  therein ; 

Be  it  therefore  enacted  by  the  Lieutenant  Governor  of  the 
[NTorth  West  Territories,  by  and  with  the  advice  of  the  Council 
of  the  said  Territories  as  follows. 

1st.  The  importation  by  any  person  or  persons  whatsoever 
into  any  portion  of  the  I^orth  West  Territories*^'  not  being 
within  the  Province  of  Manitoba,  of  any  rum,  whiskey  or  other 
spirituous  liquor  whatever  is  prohibited;  and  any  person  who 
shall  take,  carry,  send  bring  or  import  or  have  in  his  possession 
at  any  place  within  the  said  Territories,  any  such  liquor  as 
aforesaid,  shall  forfeit  and  pay  a  fine  not  exceeding  £100  and 
such  liquor  shall  be  confiscated,  spilled  on  the  ground  and 
destroyed  by  the  officer  or  person  seizing  the  same. 

2nd.  It  shall  be  lawful  for  any  Justice  of  the  Peace,  Qua- 
rantine or  Peace  Officer,  Constable,  or  other  person,  with  or 
without  warrant  and  without  any  form  of  seizure  to  take  con- 
fiscate and  destroy  all  and  any  such  spirituous  liquors  found 
or  being  within  the  Territories  aforesaid. 

3rd.  All  fines  imposed  by  this  Act  shall  be  recoverable 
before  one  Justice  of  the  Peace  upon  complaint,  either  oral  or 
in  writing,  upon  the  oath  of  one  credible  witness,  and  one-half 
of  the  penalty  imposed  shall  belong  to  the  complainant,  and  one- 
half  to  the  Government. 

4th.  Provided  always  that  nothing  in  this  Act  shall  be  held 
to  extend  to  any  such  liquors  on  the  way  by  sea  or  land  into 
Manitoba,  or  other  Province  of  the  Dominion,  through  the  said 
Xorth  West  Territories. 

5th.  Provided  always  that  wine  for  Sacramental  purposes 
may  be  introduced  into  the  Territories  on  a  permit  from  the 
Lieutenant  Governor  in  favour  of  any  Priest,  Minister,  (or 
Missionary  in  charge  of  a  recognized  Missionary  station)  or  of 
the  Bishop  or  other  Ecclesiastical  authority,  and  shall  not  be 

*  In  the  original  act  the  wording  was  "  Rupert's  Land  or  the  North- 
western Territory." 
28159— 63i 


996  CANADIAN    ARCHIVES 

liable  to  seizure  and  any  such  Wine  introduced  for  such  pur- 
poses shall  if  seized  be  released  on  proof  that  the  same  was 
bona  fide,  brought  in  for  such  purj)Oses  as  aforesaid. 

6th.  All  other  enactments  inconsistent  with  the  Statute 
are  hereby  repealed,  except  as  to  any  proceedings  now  pending 
thereunder." 

The  following  Act  was  then  read  a  first,  second  and  third 
time,  and  passed — 

"  The  Lieutenant  Governor  of  the  JSTorth  West  Territories, 
by  and  with  the  advice  and  consent  of  the  Council  of  the  ISTorth 
West  Territories  enacts  as  follows : 

1.  It  shall  henceforth  be  unlawful  for  any  person  to  im- 
port or  take  in  to  the  I^orth  West  Territories,  or  into  any  part 
thereof,  or  to  have  in'^'  his  possession,  any  strychnine  or  other 
poison;  or  to  use  or  cause  to  be  used  the  same  within  the  said 
Territories,  either  for  the  purpose  of  capturing  or  destroying 
any  animal,  or  for  any  other  Durpose  whatever. 

2.  Any  person  importing  or  taking  into  the  North  West 
Territories,  or  any  part  thereof,  any  strychnine  or  other  poison, 
or  having  the  same  in  his  possession,  or  using  or  causing  to  be 
used  the  same  for  any  purpose  whatever,  shall  be  subject  for 
the  first  ofi^ence  to  forfeit  the  same  as  well  as  any  animal  skin 
or  fur  thereby  captured  or  procured;  and  for  any  subsequent 
offence,  shall  over  and  above  such  forfeiture  be  subject  to  a 
pfnalty  not  exceeding  twent}^-five  dollars  and  costs  of  prosecu- 
tion, and  shall  be  subject  to  imprisonment  until  such  penalty 
and  costs  are  paid. 

3.  Any  Justice  of  the  Peace  in  the  ISTorth  West  Territories, 
sLall  either  on  his  own  view  or  on  the  evidence  &f  one  credible 
witness,  summarily  deal  with  and  adjudge  upon  any  offence 
against  this  Act. 

4.  Provided,  however,  that  the  w^ord  "poison"  as  used  in  the 
Act  shall  not  be  held  to  extend  or  to  include  any  drug  or  other 
poison,  bona  fide  imported  as  medicine  only  for  the  use  of  sick 
persons,  and  the  onus  of  proof  that  such  drug  &c  is  so  imported 
for  such  use  only  shall  lie  upon  the  person  in  whose  possession 
the  same  may  be  found,  and  in  default  of  such  proof  the  same 
shall  be  held  to  have  been  imported  in  violation  of  this  Act." 

The  following  resolutions  were  then  -nassed : 
Resolved, — That  the  Council  of  the  TTorth  West  Territories 
are  of  opinion  that  American  citizens  should  be  allowed   no 

*  In  the  District  of  Assiniboia  regulaitions  were  in  force  for  the  dis- 
tribution of  strychnine  by  the  Bishops. 


PIONEER    LEGISLATIOJv"  997 

greater  privileges  in  the  way  of  trading  &:c.,  than  are  conceded 
to  Engli-rh  subjects  trading  in  tlie  Indian  Territories  of  tlie 
United  States." 

Resolved, — That  the  Council  of  the  ISTorth  West  Territories 
are  of  opinion  that  the  Criminal  Laws  now  in  force  in  the  other 
portions  of  the*^'  Dominion  of  Canada  should  be  extended  to 
the  Xorth  West  Territories." 

The  following  gentlemen  were  then  appointed  Justices  of 
tlie  Peace  in  the  JSTorth  West  Territories. 
William  McMurraj,  ^    of  Isle  a  la  Croix. 

R.  Ilardisty,  Fort  Edmonton. 

William  McKay,  Port  Pitt. 

B.  MacKenzie,  Victoria. 

John  Bunn,  Kocky  Mountain  House. 

Lawrence  Clarke,  Carlton. 

William  Trail, 

John  McKay,  I'rince  Albert. 

Adam  ]\racbeth  Jr.'  " 

John  II.  Kerr, 

Roderick  McFarlane,  x\thabasca. 

W.  L.  Ilardisty,  MacKenzie  Piver. 

Arcihbald  MacDonald,  Fort  Ellice. 

Horace  Belanger,  Cumberland. 

James  S.  Clusen,  ■    Moose  Factory.'^' 

George  S.  McTavish,  Rupert's  House. 

Alexander  McDonald,  Albany. 

Colin  Rankin,  Abbitibi. 

David  Armit,  aSJorth  West  Angle. 

Charles  Crowe,  Fort  Frances. 

Robert  Pether  (Indian  Agent)', 

^  Under  the  Hudson  Bay  Company  all  factors  were  regarded  as  mag- 
istrates. Cases  of  outrage  were  tried  usually  at  Red  River  or  Norway 
House.  Murderers  were  sent  to  Canada  for  trial  in  accordance  with 
George  III,  Act  ^3,  Chap.  138,—"  An  Act  for  extending  the  jurisdiction  of 
the  courts  of  justice  in  the  Provinces  of  Lower  and  Upper  Canada  to  the 
trial  and  punishment  of  persons  guilty  of  crimes  and  offences  within  cer- 
tain parts  of  North  America,  adjoining  to  the  said  provinces."  Later 
an  -Act  (George  IV.  Act  1  and  2,  Ch.  66)  entitled  "An  Act  for  regulating 
the  fur  trade  and  establishing  a  commercial  and  civil  jurisdiction  within 
certain  parts  of  North  America,"'  removed  the  doubt  whether  George  III. 
Act  43  Ch.  138,  extended  to  the  H.  B.  Co.  Territories.  The  N.  W.  Council 
was  simply  succeeding  the  H.  B.  Co.  in  the  administration  of  justice.  The 
Company's  officers  were  still  the  fittest  agents  for  the  administration  of 
justice  as  Justices  of  the  Peace  or  local  magistrates. 

-  John  Fisher  of  Lac  Qu'Appelle  is  also  found  in  the  original  but  a 
pencil  mark  is  drawn  through  it. 


998  CAXADIxVN    ARCHIVES 

Joseph  Fortescue,  York  Factory. 

and 
All  the  Members  of  the  Council  of  the  North  West  Territories. 
The  Council  then  adjourned. 

Certified  Alex.  Moeeis^  L.G. 

Thursday,  September  4th,  1873. 

The  Council  of  the  l^orth-West  met  at  Government  House 
at  Fort  Garry  at  eleven  o'clock  A.M. 

The  following  members  of  the  Council  were  present. 
Honble.  Messrs.  D.  A.  Smith 

"  Girard 

"  Clarke 

"  Schultz 

"  Breland 

"  Fraser 

"  Bannatyue 

"  .  Dubuc 

"  Hamilton. 

The  oaths  of  allegiance  and  office  were  administered  to  the 
above  named  members  by  Lieut.  Col.  Osborne  Smith. '^^ 

The  Minutes  of  the  last  Meeting  were  read  and  approved. 

The  Acts  in  reference  to  the  Government  of  the  I^orth-West 
and  the  administration  of  Justice  therein  were  laid  before  the 
Council ;  also  the  Act  relating  to  the  increase  of  the  number  of 
the  North- West  Councillors ; — ^^all  as  passed  by  the  Parliament 
of  the  Dominion  at  its  last  Session.'^' 

The  Lieutenant  Governor  informed  the  Council  that  the 
Honble.  H.  J.  Clarke,  Attorney  General  of  Manitoba,  and  a 
Member  of  this  Council  had  been  appointed  legal  adviser  to  the 
Council  of  the  North-West  with  a  salary  of  $1,000  per  annum. 

Proposed  by  Honble.  A.  Girard 

Seconded  by  Honble.  D.  A.  Smith  and 

Resolved  That  the  Dominion  Government  be  requested  to 
give  force  immediately  to  the  act  of  the  Council  at  its  last  ses- 
sion in  reference  to  the  appointment  of  Justices  of  the  Peace 
in  the  North- West  Territories. 

*  W.  Osborne  Smith,  C.M.G.,  Lieut.  Col.,  Deputy  Adjutant  General  of 
Militia,  Commandinsr  Dominion  Forces  in  North  West.  In  1876  he  became 
a  member  of  the  Council  of  Keewatin. 

=  36  Victoria,  Chaps.  5,  34  and  35. 


PIONEER    LEGISLATION  991) 

The  following  Members  of  the  Council  were  appointed  a 
Committee  to  report  to  Council  on  the  following  subjects — 
Ilonble.  Messrs.  Girard,  Clarke,  Smith,  Dubuc  &  Hamilton : 

The  enforcement  of  Laws  in  the  North-West  Territories. 

The  Administration  of  Justice, 

The  Summary  Trials  Act  and  the  propriety  of  extending 
it  to  the  North-West. 

The  appointment  of  Coroners. 

The  necessity  of  the  Dominion  Government  appropriating 
some  funds  for  the  service  of  the  IsTorth-West  Council,  and  for 
North-West  Contingencies. 

The  following  Members  of  the  Council  were  appointed  a 
Committee  to  report  to  Council — Honble.  Messrs.  Smith, 
Schultz,  Breland,  Bannatyue  and  Eraser. 

They  were  instructed  to  report  upon  the  necessity  of  a 
Treaty  being  negotiated  next  year  with  the  Indians  as  far 
West  as  Fort*^'  Carlton,  or  thereabouts: — also  as  to  the  pro- 
priety of  the  lands  in  the  North-West  being  surveyed  so  soon  as 
said  Treaties  are  concluded : — also  as  to  the  necessity  of  main- 
taining a  large  Military  force  in  the  North-West. 

Council  then  adjourned  until  two  o'clock  P.M.  on  Monday, 
September  8th,  1873. 

(Sgd.)  William  Thornton  TJkquhart, 

Clerk  of  the  Council  of 

The  North-West  Territories. 
Approved 

(Sgd.)     A.  Morris,  L.G. 

Monday,  September  8th,  1873. 

Council  met  at  Government  House,  Fort  Garry  at  2  P.lVl . 

Present 
Honble.  Messrs.  Girard 
"  Smith 

"  Clarke 

"  Breland 

"  Schultz 

"  Dubuc 

"  Bannatyne 

"  Fraser 

"  Hamilton. 

*The  Qu'Appelle  Trea.ty  (No.  4)  was  concluded  Sept.  15,  1874.  The 
adhesion  of  Cree  Saulteaux  and  Assiniboine  Indians  took  place  at 
Qu'Appelle  Lakes,  Sept.  8  and  9,  1875.  Treaties  were  made  at  Forts 
Carlton  and  Pitt   in  187G. 


1000  CANADIAN  ARCHIVES 

The  Minutes  of  the  last  Meeting  were  read  and  approved. 

The  Committee  instructed  at  last  Meeting  to  report  as  td  the 
necessity  of  a  Treaty  being  negotiated  with  the  Indians  next 
vear,  &c.,  reported  through  their  Chairman  Honhle.  Mr.  Smith, 
having  reported  on  all  questions  referred  to  them. 

The  Committee  instructed  at  last  Meeting  ^to  report  as  to 
the  enforcement  of  the  laws  in  the  !I^orth-West  Territories,  re- 
ported through  their  Chairman,  Tlo'nble.  Mr.  Girard,  and  asked 
and  obtained  leave  to  sit  again. 

Honble.  Messrs.  Girard^  Smith,  Clarke,  Schultz  and  Dubuc 
appointed  a  Committee  to  prepare  Rules  of  Procedure  for  the 
Legislation  of  the  Council,  and  submit  the  same  to  Council  at 
its  next  session. 

Moved  by  Honble.  Donald  A.  Smith 

Seconded  by  Honble.  Mr.  Schultz  and 

Resolved  That  the  Council  of  the  Xorth-West  are  of  opinion, 
that  in  view  of  the  rapid  increase  of  Settlement  in  the  ISTorth- 
West  Territories,  and  the  present  disturbed  condition  of  the 
Indians  and  their  anxiety  as  to  the  future,  it  is  imperatively 
necessary  that  a  Treaty  should  be  concluded  with  the  bands  of 
Indians  living  between  the  Western  Boundary  of  that  portion 
of  the  Territory  in  which  the  Indian  title  has  already  been  ex- 
tinguished, and  Fort  Carlton  or  thereabouts. 

The  Council  are  of  opinion  that  to  defer  the  negotiation  of 
a  Treaty  of  this  nature  beyond  the  earliest  time  possible  in  the 
year  1874  would  be  attended  with  unfortunate  results. 

The  Council  are  also  of  opinion  that  the  payments  to  be 
made  to  the  Indians  under  the  provisions  of  this  Treaty  should 
be  in  the  shape  of  annuities  terminable  in  twenty-five  years.  *^^ 

The  Council  recommend  that  such  Treaty  shall  provide  that 
if  parties  not  entitled  to  participate  in  annuities  to  be  paid  to 
any  particular  tribe  are  allowed  to  do  so,  then  a  pro  rata  sum 
shall  be  deducted  from  the  next  annual  payment  to  be  made  to 
the  tribe  by  whom  this  improper  payment  was  permitted  to  be 
made. 

In  the  opinion  of  the  Council,  it  would  be  preferable  if  the 
payments  made  to  the  Indians  were  made  in  goods  rather  than 
in  money ;  the  Council  having  reasons  to  know  from  the  exper- 
ience of  the  oast,  that  the  Indians  will  greatly  profit  by  obtain- 
ing all  their  goods  through  the  Government  Agent,  instead  of 
purchasing  them  from  traders  with  their  annuities. 

In  the  Settlement  of  the  Eeserves  and  the  payment  of  an- 
nuities, a  person    of    mixed    blood    electing    to    be    called  an 

*  The  annuities  were  made  perpetual. 


PIOIN^EEE    LEGISLATIOX  1001 

"  Indian  "  and  participating  in  the  benefits  of  the  Treaty  as 
such,  shall  not  be  entitled  to  the  same  privileges  enjoyed  by 
other  Settlers. 

That  it  is,  in  the  opinion  of  the  Council,  necessary  that  the 
'^^ Treaty  should  provide  for  the  establishment  of  Schools  for 
the  education  of  the  Indians,  for  the  purchase  of  agricultural 
implements,  cattle  and  also  for  teaching  the  Indians  the  proper 
mode  of  cultivating  the  soil. 

Moved  by  Honble.  Mr.  Girard 

Seconded  by  Honble.  Mr.  Fraser  and 

Resolved  That  Council  afe  of  opinion  that,  as  soon  as  a 
Treaty  has  been  concluded  with  the  Indian  Tribes  resident  in 
the  Country  lying  between  the  Western  boundary  of  that  por- 
tion of  the  ISTorth-West  Territories  wherein  the  Indian  title  has 
already  been  extinguished,  and  Fort  Carlton  or  thereabouts, 
surveys  should  be  made  in  those  parts  of  the  said  Country 
where  white  or  Half-breed  settlements  have  taken  place,  or 
where  it  may  be  desirable  to  form  settlements. 

Moved  by  Honble  Mr.  Bannatyne 

Seconded  by  Honble  Mr.  Clarke  and 

Resolved,  Tbat  the  Council  of  the  Xorth-West  have  observed 
that  an  Indian  Commission  has  been  appointed  for  the  pur- 
pose of  dealing  with  the  Indians  of  the  ^orth  West,  and  are 
of  opinion  that  grave  difficulties  and  comi3lications  are  likely 
to  arise  from  the  existence  of  the  District  organizations,  the 
one  dealing,  of  necessity,  v.'ith,  and  authorized  to  legislate  with 
regard  to  many  matters  affecting  the  Indian  population,  and 
the  other  charged  with  the  general  control  of  Indian  affairs. ^^^ 

They  believe  that  the  best  interests  of  the  Dominion  would 
be  subserved  if  a  plan  was  devised  for  placing  the  direction  of 
Indian  matters  under  the  supervision  of  this  Council,  subject 
to  directions  from  the  Honble  The  Minister  of  the  Interior.  *^^ 

Moved  by  the  Honble  IMr.  Breland 
Seconded  by  the  Honble  Mr.  Hamilton  and 

^  This  was  actually  done. 

-  In  1871  a  joint  commission  to  treat  with  the  Ojibbeway  Indians  was 
issued  to  Wemyss  M.  Simpson,  S.  J.  Dawson  and  W.  J.  Pether.  After 
Mr.  Simpson's  resignation,  Lieut.  Col.  J.  A.  N.  Provencher  was  appointed 
Commissioner  of  Indian  Affairs.  In  1873  a  Commission  was  issued  to 
Lieut.  Gov.  Alexander  Morris,  Lieut.  Col.  Provencher  and  Lindsay 
Russell.  As  Mr.  Russell  was  unable  to  act  Mr.  Dawson  was  appointed 
Commissioner  in  his  stead.  Hon.  Alex.  Morris,  Hon.  David  Laird,  Min- 
ister of  the  Interior,  and  W.  J.  Christie,  retired  Chief  Factor  concluded 
■the  Treaty  at  Qu'Appelle. 

'  The  Lieutenant  Governor  of  the  iNorth  West  Territories  afterwards 
was  for  a  period  also  Indian  Commissioner. 


1002  CANADIAN  ARCHIVES 

Resolved,  That  while  the  Council  view  with  satisfaction  the 
action  of  the  Dominion  Government  in  maintaining  the  exist- 
ing military  force  now  in  Manitoba,  and  in  organizing  a  body 
of  Mounted  Police  for  service  ill  the  jSTorth  West  and  Mani- 
toba, they  are  strongly  of  opinion  that  a  still  larger  military 
force  will  be  found  immediately  necessary,  to  provide  for  the 
maintenance  of  order,  the  enforcement  of  the  Customs,  and 
Civil  and  Criminal  Laws,  as  well  as  for  the  sake  of  the  moral 
effect  which  the  presence  of  such  a  force  would  have  in  support- 
ing the  Civil  authorities  in  the  execution  of  the  Laws. 

The  Council  are  led  to  this  conclusion  from  the  knowledge 
they  possess  that  persons  professing  to  be  American  citizens 
have  established  themselves  in  force  within  the  Territory,  and 
have  also  proceeded  to  perpetrate  gross  outrages  upon  the 
native  population  as  well  as  upon  Her  Majesty's  Subjects 
generally,  including  murders  of  a  most  aggravated  kind,  for 
which  during  the  present  condition  of  the  Territory,  and  the 
absence  of  all  Law  and  Order  there,  no  redress  can  be  obtained. 

The  Council  are  also  aware  that  murders  have  been  com- 
mitted in  various  parts  of  the  Territory  by  Indians  and  Half- 
breeds,  which  have  been  allowed  to  go  unpunished,  because 
there  were  no  means  at  hand  to  enforce  the  Law.  Such  a  con- 
dition of  affairs  if  allowed  to  continue  will  effectually  prevent 
the  Settlement  of  the  Country. 

In  reference  to  this  matter,  the  Council  of  the  North  West 
desire  to  direct  the  attention  of  the  Dominion  Government,  to 
the  fact  that  Westward  of  Manitoba,  the  District  of  Country 
known  as  "  The  fertile  Belt  "  extends  for  upwards  of  twelve 
hundred  miles,  and  that,  at  the  present^^^  time,  there  is  no 
means  of  communication  with  this  region  except  by  the  ordin- 
ary cart  or  waggon. 

The  time  occupied  in  travelling  from  Fort  Garry  to  Fort 
Edmonton,  is  not,  under  ordinary  circumstances  less  than  one 
month,  thus  showing  the  impossibility  of  meeting  any  emer- 
gency promptly,  without  the  aid  of  a  resident  force/^^ 

It  must  also  be  remembered  that  lying  ^Northward  of  and- 
beyond  the  Fertile  Pelt,  is  a  vast  District,  far  more  difficult  of 

^  In  18G2  the  first  brigade  of  Red  River  carts  organized  by  Rev.  Father 
Lacombe  crossed  the  prairies  from  Ft.  Garry  to  Ft.  Edmonton.  The 
Hudson's  Bay  Company  inangiirated  their  brigade  in  1867.  This  con- 
sisted in  that  year  of  82  carts. 

^  At  that  time  Edmonton  was  the  metropolis  of  (the  whole  western 
country.  It  was  over  twelve  hundred  miles  from  a  railix)ad  and  some 
thousand  miles  from  a  telegraph  oifice,  and  there  was  no  regular  mail 
communication."  McDougall,  On  Western  Trails  in  the  EarJy  Sei^entics, 
pp.  13, 14. 


PIONEER    LEGISLATION  1003 

access  at  present,  the  only  means  of  communication  with  the 
greater  portion  of  it  being  by  water.  Taking  all  these  facts 
into  consideration  the  Council  of  the  North  West  are  decidedly 
of  opinion  that  the  military  force  maintained  in  Manitoba  and 
the  iSTorth  West  Territories,  exclusive  of  the  Mounted  Polieo. 
should  consist  of  not  less  than  five  hundred  men. 

Moved  by  the  Honble  Mr.  Girard 

Seconded  by  Honble  Mr.  Clarke,  and 

Resolved  That  the  followins;  Act  authorizing  the  appoint- 
ment of  Coroners  in  the  North  West  Territories  be  read  a  first, 
second  and  third  time  and  T^a^ssed. 

Whereas  the  immediate  appointment  of  Coroners  in  the 
North  West  Territories  is  of  urgent  importance. 

Her  Majesty,  by  and  with  the  advice  and  consent  of  the 
Council  of  the  North  West  Territories  enacts  as  follows: 

1.  It  shall  be  lawful  for  the  Lieutenant  Governor  in  Coun- 
cil whenever  he  may  think  fit  to  appoint  under  the  Great  Seal 
one  or  more  Coroners  to  serve  in  the  North  West  Territories 
or  any  District  or  sub-division  thereof. 

Moved  by  Honble  Mr.  Hamilton 

Seconded  by  Honble  Mr.  Clarke,  and 

Resolved  That  the  Council  view  with  satisfaction  the  pro- 
visions of  the  Dominion  Act  "  to  make  further  provision  as  to 
duties  of  Customs*^^  in  Manitoba  and  the  North  West  Terri- 
tories ",  for  the  prohibition  of  the  importation  of  spirits  into 
the  North  West.  They  desire  to  point  out,  however,  that 
according  to  the  provisions  of  that  Act,  spirits  or  strong  waters 
&c.  &c.  in  the  North  West  can  be  seized  and  confiscated  by  Con- 
stables or  Ofiicers  of  the  Law  only,  and  in  view  of  the  absence 
of  such  Ofiicers,  and  of  the  disastrous  results  likely  to  ensue 
from  the  sale  of  liquor  to  the  Indians,  they  desire  to  suggest 
that  the  Act  be  amended  in  accordance  with  the  Act  passed  by 
the  North  West  Council  at  their  last  Session  and  shall  give 
authority  to  any  person  to  confiscate,  spill  on  the  ground,  and 
destroy,  any  liquor  brought  into  the  Territories  in  contraven- 
tion of  the  Law. 

Moved  by  the  Honble.  Mr.  Dubuc 

Seconded  by  the  Hon.  Mr.  Eraser  and 

Resolved  That  the  Council  feel  that  the  future  welfare  of 
the  North  West  Territories  greatly  depends  upon  the  prompt 
and  efficient  administration  of  justice.     They  are  of  opinion 

'  36  Vict.,  ch.  39. 


1004  CANADIAN  AECHIVES 

that  the  bringing  of  all  prisoners*^'  charged  with  the  graver 
crimes,  together  with  witnesses  &c  kc  from  all  parts  of  the 
Territory  m  the  Province  of  Manitoba  for  trial,  will  in  con- 
sequence of  the  enormous  extent  of  the  Territory,  be  attended 
with  such  vast  exi^enses,  as  Avill  ]n-actically  lead  in  most  cases, 
to  a  failure  of  justice  and  render  the  Law  of  no  effect. 

The  Council  are  further  of  opinion  that  one  or  mo  it 
Judges/'*  with  the  powers  of  Judges  of  the  Court  of  Queen's 
Bench,  should  be  appointed  for  the  ^orth  West  Territories 
without  delay. 

A  Committee,  consisting  of  Ilonble  Messrs  Brelantl, 
Schultz  Bannatyne  and  Hamilton,  Avas  appointed  to  report 
upon  the  Fisheries  &c.  of  the  IsTorth  West  with  instructions 
to  report  at  the  next  meeting  of  Council. 

Honble-  Mr.  Schultz  was  added  to  the  Committee  on  the 
Administration  of  Justice  &c. 

Council  then  adjourned  until  two  o'clock  P.M.  on  Thurs- 
day September  11th  18Y3. 

(Signed)  William  Thoenton  Uequhart, 

Clerli-  of  the  Council. 
Approved 

(Sgd)      A.  Morris, 

L.G. 


Thursday  September  11th  1873. 

Council  met  at  Government  House,  Fort  Garrv,  at  two 
o'clock  P.M. 

Present  Honble  Messrs  Girard,  Smith,  Clarke,  Breland. 
Schultz,  Dubuc,  Bannatyne,  Fraser  and  Hamilton 

The  Minutes  of  the  last  Meeting  were  read  and  approved. 

The  Lieutenant  Governor  informed  Council  that  he  had 
received  authority  to  send  a  Commissioner  to  the  Western 
Country  to  see  the  Indians  and  give  them  presents,  and  His 

^  Any  Justice  of  the  Peace  or  Stipendiary  Magistrate  or  any  Judge  of 
the  Coiart  of  Queen's  Bench  of  Manitoba  had  the  power  to  send  certain 
offenders  to  Manitoba  for  trial  by  the  Manitoba  Court  of  Queen's  Bench 
according  to  criminal  procedure  in  force  in  Manitoba.  The  punishment 
was  awarded  according  to  laM's  in  force  in  the  N.  W.  T. 

-  The  North  West  Territories  Act,  1875,  provided  for  the  appointment 
of  not  more  than    three    Stipendiary  Magistrates.     They  were  given  the 
power   of  two  Justices  of  the   Peace   in   the   trial   of   offences.      The   Chief 
Justice  or  any  Judge  of  the  Court  of  Queen's  Bench   of  the  Province  of 
Manitoba  with  one  of  the  Stipendiary  Magistrates  as  associate  heard  more 
serious  cases.     In  1884  the  Stipendiary  Magistrates  became  judges. 


PIO^^EER    LEGISLATION  1005 

Honour  intimated  liis  desire  to  obtain  the  benefit  of  their  advice 
with  regard  to  the  matter.  It  having  appeared  in  discussion 
tliat  the  Hon.  Mr.  Brehmd  had  informed  certain  tribes  of 
Indians  at  Coteaii  and  Castor  Rivers  that  thej  would  be  visited 
this  year,  as  he  (Mr.  Breland)  was  authorized  to  do,  Council 
advised  that  a  messenger  be  sent  at  once.'^' 

The  Lieutenant  Go\-ernor  also  stated  that  although  it  was 
a  matter  not  strictly  within  their  province,  he  wished  to  consult 
them  on  another  subi'ect  and  to  profit  by, the  knowledge  of 
Indian  character  and  Indian  habits  which  many  members  of 
the  Council  possessed.  He*  explained  that  the  Saulteaux 
Indians  had  promised  to  meet  His  Honour  at  the  N"orth'^' 
West  Angle,  but  had  since  changed  their  minds  and  wanted 
liini  to  meet  them  at  another  point.  Was  it  the  opinion  of  the 
(council  that  he  ought  to  do  so?  The  Council  strongly  advised 
His  Honour  not  to  change  the  place  of  meeting  as  they  con- 
"^sidcred  it  would  be  most  unwise  to  do  so,  an  opinion  in  which 
the  Lieutenant  Governor  concurred. 

The  Committee  on  the  administration  of  Justice  reported 
the  three  following  resolutions,  which  were  adopted  by  Council. 

Resolved  That  while  the  Committee  on  the  administration 
of  Justice  in  the  JSTorth-West  Territories  are  expected  to  submit 
an  Act  to  Council  providing  for  the  collection  of  debts  not  ex- 
ceeding the  sum  of  two  hundred  dollars,  the  Council  of  the 
North-West  desire  to  direct  the  attention  of  the  Dominion 
Government  to  the  fact  that  great  inconvenience  will  arise  if 
provision  is  not  made  for  the  collection  of  sums  beyond  that 
amount.  This  cannot  be  done  until  Judges  or  Stipendiary 
Magistrates  are  appointed. 

Resolved  That  Avhereas  it  is  of  urgent  importance  that  some 
law  should  at  once  be  enacted  providing  for  the  relations  exist- 
ing between  Masters  and  servants  in  the  ISTorth-West  Terri- 
tories. 

Her  Majesty,  by  and  with  the  advice  and  consent  of  the 
Council  of  the  North-West  Territories  enacts  as  follows : 

That  the  "  Masters  and  Servants  Act  "  passed  by  the  Legis- 
lature of  Manitoba  1S71,  shall  with  all  the  provisions  thereof  v 
be  extended  to  the  JSTorth-West  Territories  and  shall  be  of  force 
there. 

^  Mr.  Breland  was  com.missioned  to  visit  the  Indians  owing  to  the 
apprehension  due  to  the  Indian  dissatisfaction  with  their  treatraent  by 
Indian  Commissioner  Wemyss  Simpson,  and  with  the  indifferent  recep- 
tion accorded  to  '  Little  Knife  '  in  Winnipeg-. 

=  The  North  West  Angle  of  the  Lake  of  the  Woods. 


1006  CANADIAN    ARCHIVES 

Resolved  That  the  Council  of  the  Korth-West  desire  to  re- 
present to  the  Dominion  Government  that  thej  have  no  funds 
at  their  disposal  to  enable  them  to  enforce  any  laws  of  the  Dom- 
inion, or  to  discharge  any  obligation  or  to  provide  for  any  con- 
tingencies w^hich  may  arise.  They,  therefore,  earnestly  request 
that  the  Dominion  Government  will  place  a  sum  of  money,  say 
ten  thousand  dollars,  at  the  disposal  of  the  Clerk  of  the  Council, 
for  the  discharge  of  such  debts  obligations  and  charges,  as  may 
from  time  to  time  arise,  in  connection  with  the  proceedings  of 
the  Council,  and  their  administration  of  the  affairs  of  the  North 
West  Territories  so  far  as  lies  within  their  province.  Upon 
this  sum  being  placed  at  the  disposal  of  Council,  the  Council 
desire  that  the  Clerk  of  the  Council  shall  act  as  Treasurer  there- 
of, all  vouchers  for  payment  being  countersigned  by  the  Lieut- 
enant Governor. 

The  Committee  through  their  Chairman  Honble.  Mr. 
Girard,  asked  leave  to  sit  again. 

The  Committee  on  Fisheries,  &c.,  &c.,  reported  through 
their  Chairman  Mr.  Hamilton 

Moved  by  Honble.  Mr.  Hamilton 

Seconded  by  Honble.  Mr.  Schultz  and. 

Resolved  That  the  Council  of  the  ITorth-West  are  glad  to 
find  from  report  which  appears  in  the  last  Report  of  the  Min- 
ister of  Marine  and  Fisheries  that  the  attention  of  the  Dom- 
inion Government  has  been  directed  to  the  Fisheries  of  the 
North- West  Territories.  They  concur  in  the  remark  con- 
tained in  the  report  in  question  to  the  effect  that  "  The  White 
"  Fish  forms  an  article  of  food  which  is  not  only  exceedingly 
"  popular,  but  is  also,  for  many  reasons  remarkably  well 
''  adapted  to  the  climate  and  Country." 

They  are  of  opinion  that  the  time  has  arrived  when  steps 
should  be  taken  with  a  view  to  preventing  any  serious  diminu- 
tion in  the  supply  of  white  fish. 

That  in  view  of  the  fact  that  in  certain  portions  of  the 
North-West  Territory  and  more  especially  in  the  vicinity  of 
Norway  House,  the  inhabitants  are  entirely  dependent  upon 
fish  for  food,  the  Council  suggest  that  steps  should  be  taken  by 
the  Dominion  Government  to  prevent  persons  from  setting  nets 
or  weirs  in  the  main  Channels  of  the  Rivers,  or  at  any  other 
points  through  which  fish  are  in  the  habit  of  passing  to  their 
spawning  grounds,  in  such  a  manner  as  to  prevent  the  ingress 
of  the  Fish,  and  to  enforce  such  regulations  as  may,  from  time 
1o  time,  appear  necessary  for  the  preservation  of  the  Fish. 


PIONEER    LEGISLATION  lOOT 

The  Council  also  desire  to  suggest  to  the  Dominion  Govern- 
ment, that  measures  should  be  adopted  to  prevent  the  accumula- 
tion of  sawdust  in  rivers  and  streams  in  such  parts  of  the  North- 
West  Territories  wherein  Saw  Mills  have  been  or  are  about  to 
be  erected. 

Proposed  by  Honble.  Mr.  Hamilton 

Seconded  by  Honble.  Dr.  Schultz,  and 

Resolved,  That  the  Council  of  the  North- West  Territories 
have  pleasure  in  recognizing  the  services  performed  by  the 
Revd.  McKay  of  Stanley*^'  Mission,  in  printing,  translating 
and  publishing  in  the  Cree  la'ngua^e  the  "  Masters  and  Ser- 
vants Act "  of  Manitoba,  the  provisions  of  which  are  now  ex- 
tended to  the  North- West  Territories. 

Proposed  by  Honble.  Mr.  Clark 

Seconded  by  Honble.  Mr.  Smith  and 

Resolved,  That  the  Council  have  much  pleasure  in  acknow- 
ledging the  very  efficient  manner  in  which  Mr.  Urquhart,  the 
Clerk  of  the  Council,  has  discharged  the  duties  of  his  office,  and 
recommend  to  the  Dominion  Government  in  view  thereof,  the 
high  cost  of  living  in  Manitoba,  and  the  increase  of  work  which 
will  be  entailed  by  his  discharging  the  duties  of  Treasurer  to 
the  Council,  as  Council  desire,  that  his  salary  be  increased  by 
the  additional  sum  of  four  hundred  dollars  per  annum. 

The  Committee  on  Standing  Orders,  &c.,  were  directed  to 
sit  during  the  recess  and  report  to  Council  at  their  next  Session. 

Honble.  Messrs.  Bannatyne  and  Fraser  were  added  to  the 
Committee,  and  the  number  to  constitute  a  quorum  was  fixed 
at  three. 

The  Council  appointed 

Julian  Onion  of  MacKenzie  Eiver 
Edward  McKay  of  Qu'Appelle 
Isaac  Cowie  of  Qu'Appelle 
Roderick  Ross  of  Norway  House. 

Justices  of  the  Peace  in  and  for  the  North- West 
Territories. 

The  name  o:^  John  Fisher  of  Lac  Qu'Appelle  which  had 
been  placed  on  record  as  a  Justice  of  the  Peace  at  the  last 
Session  of  the  Council,  having  been  introduced  inadvertently, 
was  ordered  to  be  erased,  and  the  Clerk  of  the  Council  was  in- 

*  Rev.  J.  A.  MaoKay  of  Stanley  Mission  on  English  River,  afterwards 
Archdeacon  of  the  Diocese  of  Saskatchewan. 


1008  .  CANADIAN    ARCHIVES 

siructed  not  to  issue  a  Commission  as  Justice  of  the  Peace  to 
the  said  John  Fisher. 

The  Council  adjourned  until  2.30  on  Saturday  afternoon, 
September  13th. 

(Signed)         William  Thornton  Ur(^uhakt^ 

Clerl-  of  the  Council. 


Saturday,  September  13th,  1873. 

The  Council  met  at  2.30  P.M. 
Present : 

Honble.  Mr.  Girard 

Smith 

Clarke 
"  Bannatyne 

"  Dubuc 

"  Breland 

"  Fraser 

"  Hamilton 

The  Committee  on  administration  of  Justice  &c.  &c.  report- 
ed progress  and  requested  leave  to  sit  again. 
Proposed  by  Ilonble.  D.  A.  Smith 
Seconded  by  Honble.  M.  A.  Girard,  and 
Resolved  Whereas  it  is  of  urgent  importance  that  the  rate 
or  scale  of  fees  receivable  by  Justices  of  the  Peace  in  the  ISTorth- 
West  Territories  by  their  Clerks  and  Constables. 

Her  Majesty,  by  and  with  the  advice  of  the  Council  of  the 
North-West,  enacts  that  the  following  shall  be  the  fees  in  all 
eases  receivable 

For  the  Information  and  Warrant $1 .  00 

Information  and  Summons 1.00 

For  each  copy  or  Summons  to  be  served .30 

Subpoena .30 

Recognizance .75 

Certificate  of  Recognizance  under  the  Act  respect- 
ing estreats .75 

Information  and  Warrant  for  Surety  of  the  Peace 

for  good  behaviour 1.00 

Warrant  of  Commitment  for  Default  of  surety  to 

keep  the  peace,  &:c.,  &c 1.00 


PIONEEK    LEGISLATION  lOOU 

Hearing-  and  determining  the  case 1 .  00  - 

Warrant  to  coy  penalty .75 

Making  up  every  record  of  convictions  when  the 
same  is  ordered  to  be  returned  to  Sessions  or 

on  Certiorari 3 .  00 

Copy  of  any  other  paper  connected  with  any  trial, 
and  the  Minutes  of  the  same^  if  demanded, 

every  folio  of  100  words .30 

Witnesses  fees  per  day 1.50 

"        Mileage 15 

Bill  of  Costs 30 

Convictions 1 .  00 

Record  of  Co-nvictions 1.00 

"       Constables  costs — Service  of  each  summons  .  50 
Mileage  for  service  of  Summons  or  Warrants  per 

mile .25 

Service  of  Warrant  per  mile .30 

Constables  time  for  arrests,  attendance  on  day  of 
trial,  levying  upon  a  distress  Warrant  and  re- 
turning the  same  shall  be  paid  at  the  rate  of 
$2 .  00  per  diem. 

Proposed  by  Honble.  Mr.  Clarke 

Seconded  by  Honble.  Mr.  Smith,  and 

Resolved,  That  Council  request  authority  from  Dominion 
Oovernment  to  defray,  out  of  any  funds  placed  at  their  dis- 
posal, any  reasonable  expenses,  attendant  upon  paying  Con- 
stables and  Witnesses  in  Criminal  Cases,  brought  down,  or 
coming  down  from  the  ISTorth-West  Territories  to  Manitoba  to 
attend  any  trial. 

Proposed  by  Honble.  Mr.  Clarke 

Seconded  by  Honble.  Mr.  Girard,  and 

Resolved  That  Council  desire  that 

should  be  made  Constables  in  the  I^orth- 

West  Territories  under  the  authority  of  the  Lieutenant-Gov- 
ernor during  pleasure,  for  the  enforcement  of  the  Liquor  Law. 

Proposed  by  Honble.  Mr.  Clarke 

Seconded  by  Honble.  Mr.  Bannatyne,  and 

Resolved  That  the  Clerk  of  the  Council  be  directed  and  he 
is  hereby  directed  to  apply  for  fifty  English  and  fifty  French 
copies  of  the  Criminal  Statutes  of  Canada,  and  for  authority 
to  print  and  distribute  printed  forms  of  Summonses  &c.  &c.  as 

28159—64 


1010  CANADIAN  ARCHIVES 

required  bj  the  Statute  for  the  use  of  Justices  of  the  Peace  in 
the  North- West  Territories. 

Proposed  by  Honble.  Mr.  Smith 

Seconded  by  Honble.  Mr.  Breland  and 

Resolved  That  the  fact  that  there  is,  at  present,  no  means 
of  Postal  communication  in  the  ITorth-West  Territory  is  a 
serious  want  which  cannot  be  too  soon  supplied,  and  that  in 
order  to  provide  for  the  wants  of  those  persons  already  settled 
there;  and  promote  their  safety  and  comfort,  as  well  as  to 
render  the  Territory  more  likely  to  attract  Immigration,  the 
Dominion  Government  should  establish  a  postal  service  with- 
out delay. 

The  Standing  Committee,  consisting  of  Honble.  Messrs. 
Girard,  Smith,  Clarke,  Schultz,  Dubuc,  Bannatyne  and  Fraser 
were  directed  to  report  to  Council  at  its  next  Session  on  the 
following  subjects: 

1.  Rules  of  Procedure  in  the  Council. 

2.  Marriages  in  the  iJ^Torth  West  Territories. 

3.  The  best  mode  of  framing  an  Act  with  regard  to  Wills, 
the  mode  of  succession  to  Estates,  and  relating  to  minors  and 
Intestates. 

4.  Prepa];ing  of  an  Act  for  the  Collection  of  debts  in  the 
jSTorth  West  Territories  under  the  amount  of  $200. 

5.  As  to  petitions  in  all  matters  affecting  private  interests, 
and  public  notice  being  given  thereof. 

6.  Whether  any  and  what  amendments  are  required  in  the 
"'  Masters  and  Servants  Act." 

7.  To  report  to  Council  what  legislative  action  should  be 
undertaken  for  the  better  Government  of  the  Korth  West,  and 
the  promotion  of  the  welfare  of  its  people. 

It  was  agreed  that  three  Members  of  the  Committee  should 
constitute  a  quorum. 

The  Council  then  went  over  the  list  of  Justices  of  the  Peace 
prepared  at  the  last  Session  of  the  Council  with  a  view  to  its 
revision.     The  name  of  Adam  Macbeth,  Jr.  of  Prince  Albert 
v/as  struck  off,  he  having  left  the  Territories. 
Louis  Chatclain,  St,  Albert. 

Peter  C.  Pambrun,  Lac  La  Piche. 

Jean  L.  Legare,  AVoody  Mountain. 

Louis  Marion,  Lelly  River. 

MacDougall,  MacKenzie  River. 

MacKay,  "  " 

Macaulay,  Peace  River. 


PIONEEE    LEGISLATION  1011 

Cotter,  East  Main. 

Alexander  Matheson,  Tlie  Pas. 

Duncan  Matlieson,  Swan  Eiver. 

Alexander  Sinclair,  Nelson  Kiver. 

Alexander  E.  Lily,  Fort  Alexander. 

Malloch,  flames  Bay. 

Henry  Moberley,  Clear  Water. 

A  Committee  consisting  of  the  Hon.  Messrs.  Hamilton  &, 
Bannatyne  and  Mr.  Urqnliart  the  Clerk  of  the  Coimcil  was 
appointed  with  directions  to  see  that  all  Acts  of  Council  &c. 
shall  be  published  in  the  English,  French  and  Cree  Languages. 

His  Honor  the  Lieutenant  Governor  thanked  the  Council 
for  the  close  attention  they  had  given  to  public  affairs  and  pro- 
rogued the  Council. 

(Signed)         William  Thornton  Uequhart^ 

Cleric  of  the  Council.. 

Wednesday  March  11th  18Y4. 

The  Council  met  on  this  day  at  Government  House,  Fort 
Garry  at  11  o'clock  A.M. 

Present,  Honble.  Messrs.  Girard,  Breland,  Dubuc,  Banna- 
tyne, Eraser,  Hamilton,  Delorme,  MacKay,  Bown  and  Ken- 
nedy, His  Honor  the  Lieutenant  Governor  presiding. 

The  Commission  appointing  His  Honor  the  Lieutenant 
Governor  and  the  Honble.  Mr.  Justice  l\IcKeagney  and  the 
Honble.  Mr.  Justice  Betournay,*^'  Commissioners,  dedimus 
potestatem,  for  administering  the  Oaths  of  Office  and  Allegiance 
in  the  l^orth  West  Territories,  was  then  read. 

His  Excellency  the  Governor  General's  Commission  appoint- 
ing Honble.  Joseph  Royal,  Pierre  Delorme,  Walter  R.  Bown^ 
James  McKay  and  William  ]S[.  Kennedy  was  read. 

The  new  Oath  of  Office  as  prescribed  by  Order  in  Councils- 
dated  Ottawa  October  1st.  1873  was  administered  to  all  the 
Members  present  and  the  Oath  of  Allegiance  to  Hon.  Messrs 
Delorme,  Bown,  McKay  and  Kennedy — The  oaths  were  ad- 
ministered by  Hon.  Justice  Betournay. 


^  Of  the  Courit  of  Queen's  Bench  of  ithe  Province  of  Manitoba.    They 
were  both  associates  of  Chief  Justice  E.  B.  Wood  in  the  Lepine  Trial. 

28159— 64i 


1012  CANADIAN  AECHIVES 

The  new  Oath  of  Office  thus  taken  was  substituted  for  the 
one  taken  by  Members  on  Sept.  4th  1873  as  declared  by  Order 
in  Council  dated  Oct.  1st  1873,  before  referred  to,  by  which  it 
is  stated  that  the  following  form  of  Oath  will  be  and  is  thereby 
substituted  for  the  form  of  Oath  of  the  Member^  of  the  Council 
of  the  North  West  Territories,  adopted  by  the  Order  in  Council 
of  6th  August  last. 

His  Excellency  the  Governor  Generars  reply  to  the  address 
of  Council  was  read. 

The  Commission  appointing  Justice  of  the  Peace  was  read. 

His  Honor  the  Lieutenant  Governor  then  addressed  the 
Council,  referring  to  the  principal  topics  upon  which  he  desired 
to  obtain  their  advice,  and  suggesting  the  order  in  which  busi- 
ness should  be  taken  up. 

The  first  subject  taken  up  was  that  of  Postal  Communica- 
tion, A  telegram  from  the  Honble.  the  Postmaster  General 
was  read  in  which  the  opinion  of  Council  was  asked  in  refer- 
ence to  this  subject. 

Honble.  Messrs.  Breland,  Bannatyne,  Hamilton  and  Mac- 
Kay,  were  appointed  a  Committee  to  report  to  Council  on  the 
subject  of  Postal  Communication. 

Honble.  Messrs.  Girard,  Praser,  Hamilton  and  Bannatyne, 
v/ere  appointed  a  Committee  to  report  to  Council  in  reference 
to  the  framing  of  an  address  to  the  Governor  General  in  Coun- 
cil containing  a  remonstrance  against  the  delay  which  has 
•occurred  in  obtaining  any  information  concerning  His  Excel- 
lency's pleasure  touching  certain  Acts  and  Resolutions  of 
Council. 

Honble.  Messrs.  Breland,  Dubuc,  Hamilton  and  MacKay, 
were  appointed  a  Committee  to  report  to  Council,  as  to  what 
steps  should  be  taken  to  prevent  the  importation  of  Liquor,  and 
to  consider  the  working  of  the  Liquor  Law,  and  to  suggest  any 
improvement  therein. 

Council  adjourned  until  2  P.M.  on  Thursday,  March  12th. 

(Signed)         William  Thoknton  Urquhakt, 

Clerk  of  Council. 


PIONEER    LEGISLATION  lOl'i 

Thursday  March  12th.  18T4. 
Council  met  at  2  P.M. 

Present 

Hon.  Mr.  Girard, 

'"  "  Breland, 

"  "  Dubuc, 

"  '*'  Bannatyne, 

"  "  Eraser, 

"  "  Hamilton, 

"  '•'  Bown,       ' 

''  '*  McKay, 

"  ''  Kennedy. 

His  Honor  the  Lieutenant  Governor  presiding. 

The  Committee  on  Postal  Communication  made  their 
Report  which  was  adopted. 

The  following  Resolution  of  Council,  based  thereon,  was 
passed. 

In  reply  to  a  telegTam  from  the  Post  Office  Department 
expressing  a  wish  that  the  N".  W.  Council  should  express  their 
views  as  to  the  extent  and  probable  cost  of  Postal  Service 
desired  in  the  'N.  W.  Territories/^'  and  also  as  to  the  best 
practicable  mode  of  providing  for  the  performance  of  the  same. 

Council  have  the  honor  to  report  for  the  information  of  His 
Excellency  the  Governor  General  in  Council. 

1.  That  they  regard  the  establishment  of  Postal  Commu- 
nication in  the  X.  W.  Territories  as  of  vital  importance,  not 
only  because  it  is  highly  desirable  that  regular  information 
should,  from  time  to  time,  be  received  as  to  the  progress  of 
events  in  the  North  West,  but  also  because  the  establishment 
of  such  Postal  Communication  would  do  much  to  encourage 
Immigration  and  hasten  on  the  settlement  of  the  iSTorth  West. 

2.  Council  are  of  opinion  that,  to  commence  wath,  the  ser- 
vice should  consist  of  eight  trips  per  annum  each  way. 

3.  The  route  should  be  from  Fort  Garry  in  the  Province 
of  Manitoba  to  Port  Edmonton  in  the  ISTorth  West  Territories, 
by  way  of  the  following  centres  of  Settlement  and  existing 
population,  viz,  Port  Ellice,  Qu'Appele,  Fort  Carlton,  Fort 
Pitt  and  Victoria  Settlement. 

4.  The  time  occupied  in  the  journey  would  prol>ably  be 
about  39  days — see  Appendix  A. 

*  A  regular  mail  rout-e  was  inaugurated  as  far  as  the  Saskatchewan 
in  1876.     The  contractor  was  Hon.  James  McKay. 


1014  CANADIAN  ARCHIVES 

5.  The  question  of  cost  is  one  in  relation  to  which  it  is 
difficult  to  arrive  at  once  at  a  correct  conclusion ;  but  it  is  prob- 
able that  the  service  could  be  performed  for  $18,000  per  annum, 
or  about  that  sum.  The  receipts  would,  no  doubt,  at  first  be 
comparatively  insignificant,  but  would  in  all^  probability  in- 
crease with  great  rapidity,  while  ^he  advantage  derived  from 
the  service,  in  other  ways,  would,  as  before  said,  be  very  con- 
siderable. 

6.  The  Council  recommend  that  tenders  should,  without 
delay,  be  asked  for,  for  the  performance  of  the  Mail  Service 
required. 

APPEiNTDIX  A. 


Days. 

Miles. 

Fort  Garry  to  Fort  Ellice 

10 

•  220 

Fort  Ellice  to  Qu'Appelle 

5 

110 

X^uAppelle  to  Carlton 

10 

220 

Carlton  to  Fort  Pitt 

6 

167 

Fort  Pitt  to  Victoria 

5J 

122 

Victoria  to  Edmonton 

24  ■ 

71 

39  910 

APPENDIX  B. 

Probable  cost  of  Mail  Service  referred  to  in  Appendix  A. 

39  days  @  $16  per  day — $624  per  trip  16  trips  per  annum 
I.e.  eight  trips  each  way — $9,084  per  annum,  or  sav  in  round 
numbers — $10,000. 

In  Summer  the  service,  each  way,  would  be  performed  by 
two  men  and  four  horses.  In  Winter  two  men  with  Dog  Sleds 
•vould  be   required. 

The  Committee  appointed  to  frame  an  Address  to  His  Ex- 
cellency the  Governor  General,  made  their  report,  which  was 
adopted. 

The  following  resolution  of  Council  based  thereon,  was 
passed : 

Resolved,  That  the  Council  of  the  North  West  beg  respect- 
fully to  represent  to  His  Excellency  the  Governor  General  in 
Council 

That  the  Council  met  on  Sept.  4th  1873,  and  sat  for  some 
days,  giving  their  diligeut  attention  to  such  matters  in  con- 


PIONEER    LEGISLATIOISr  1015 

nection  with  Her  Majesty's  ISTorth  West  Territories  as  appeared 
to  them  to  require  immediate  action — ;  finally  transmitting 
to  Ottawa,  for  His  Excellency's  approval,  copies  of  the  follow- 
ing Acts,  Resolutions  and  Minutes  of  Council,  viz. : 
Resolution  respecting  Indian  Treaty 
"  "  Survey  of  land 

"  "  The  Indian  Commission 

"  "         Military  Force  in  the  :^r.W.T. 

An  Act  appointing  Coroners. 

Resolution  respecting  administration  of  Justice,  Collection 
of  debts. 

Resolution  respecting  Transportation  of  Liquor. 

"  .  "         Masters  and  Servants  Act. 

"  "  Funds  for  use  of  Council. 

"  "         Fisheries  of  the  KW. 

"  "  Clerk  of  the  Council's  salary. 

"  "         Fees  for  Justices  of  the  Peace. 

"  "         Expenses  of  Constables  &  Witnesses. 

"  "  Criminal  Statutes. 

"  "         Postal  Communication. 

Council  regret  that  they  have  not  as  yet  been  advised  in 
relation  to  His  Excellency's  pleasure  concerning  these  sub- 
jects, the  urgent  importance  of  which,  is,  day  by  day,  be- 
coming more  and  more  evident,  they  therefore,  beg  most  res- 
pectfully, but,  at  the  same  time,  most  earnestly,  that  His  Ex- 
cellency's views  in  reference  to  these  subjects  may  be  made 
known  to  them  without  delay. 

They  feel  that  the  affairs  of  the  iSTorth  West  Territories 
are  growing  daily  in  importance  and  that  any  delay  in  dealing 
with  them  may  be,  and  probably  will  be,  attended  with  unfor- 
tunate results. 

The  Council  are  aware  that  exceptional  circumstances  may 
during  the  past  few  months,  have  prevented  that  prompt  action 
which  they  trust  will,  in  future,  characterize  the  dealings  of 
the  Privy  Council  wdth  ITorth  West  affairs. 

Sensible  as  they  are  of  the  great  importance  of  the  duties 
which  they  are  called  upon  to  perform,  and  earnestly  desirous, 
as  they  are,  to  discharge  those  duties  loyally  and  efficiently, 
the  Council  feel  that  they  will  be  unable  to  do  so,  if  matters 
which  they  believe  to  be  of  urgent  importance,  and  which  they 
have  taken  occasion  to  represent  as  such,  be  permitted  to  remain 
altogether  unnoticed  for  a  period  of  six  months.     They  there- 


1016  CANADIAN  ARCHIVES 

fore  deem  it  their  duty  most  respectfully  to  call  tlie  attention 
of  His  Excellency  in  Council  to  this  important  subject. 

Committee  on  the  Liquor  Law  &c.,  &c.,  reported  and  asked, 
through  their  Chairman,  Honble.  Mr.  Dubuc,  leave  to  sit 
again. 

The  subiect  of  Indian  affairs  was  then  taken  up  and  some 
^communications  read. 

A  committee  consisting  of  the  Honble.  Messrs.  Girard, 
Breland,  Bannatyne,  Hamilton,  McKay,  Bown  and  Kennedy, 
was  appointed  to  report  on  Indian  Affairs  in  all  their  bearings, 
the  question  of  American  Traders  in  the  N'orth  West  and  the 
Military  and  Police  question. 

Honble.  Messrs.  Girard  and  Dubuc  were  appointed  a  Com- 
mittee to  consider  and  prepare,  with  the  assistance  of  the 
Secretary  of  the  Council  a  Bill  providing  for  the  appointment 
of  Constables,  and  the  amendment  of  the  "  Poisons  Act  "  in 
accordance  with  the  instructions  of  the  Minister  of  Justice. 

Council  adjourned  until  11  A.M.  on  Saturday,  March  14th. 

(Signed)     W.  T.  UKQUHART, 

Clerk  of,  the  Council. 

Saturday  March  14th  1874. 
Council  met  at  11  A.M.  The  Lt.  Governor  presiding. 

Present  : 

Honble.  Mr.  Girard, 

"  Breland, 

"  "  Bannatyne, 

'         "  "  Dubuc, 

"  "  Fraser, 

"  "  Hamilton, 

"  McKay, 

"  "  Kennedy. 

The  Committee  on  the  Liquor  Law  &c.,  reported  to  Coun- 
cil, and  the  following  resolution,  based  upon  their  Report  was 
passed. 

Resolved,  That  in  the  opinion  of  Council  the  Customs  Act 
of  the  Dominion  36  Vict.  Chap.  39,  should  be  amended  so  far 
as  related  to  its  second  clause,  by  the  introduction,  after  the 
words,  "  Declare  the  same  forfeited  and  cause  them  to  be  des- 


PIONEER    LEGISLATION  1017 

troyed  "  of  the  following  paragraph :  "  and  any  officer,  or  non- 
'"  commissioned  Officer  of  Dominion  police,  or  any  policeman 
"  acting  under  their  orders,  shall,  upon  reasonable  ground  of 
"  suspicion,  have  the  right  to  searcli  any  houses,  waggon,  cart, 
*'  tent,  boat,  canoe,  or  any  other  building,  vehicle,  or  place,  in 
"  which  they  believe  spirits,  strong  waters  or  spirituous  liquors 
"'  to  be  concealed  or  stored." 

Resolved,  That  the.  Act  in  question  should  be  further 
amended  so  that,  if  it  shall  be  proven  upon  credible  evidence, 
that  any  person  or  persons,  have  had  in  their  possession,  or 
shall  have  sold,  bartered,  or  given  away,  any  spirits,  strong 
waters,  or  spirituous  liquors  of  any  kind  in  the  X.  W.  Territo- 
ries, without  a  special  permission  from  the  Lieutenant  Gov; 
ernor,  they  shall  be  liable  to  be  punished  therefor,  although 
no  spirits,  strong  w^aters  &c.  &c.  may  be  found  in  their  pos- 
session. 

In  this  connection  Council  recommend  that  25  Dominion 
Policemen  be  sent  to  Fort  Ellice,  and  50  more  to  Fort  Qu'- 
Appelle,  immediately,  with  instructions  to  prevent  the  intro- 
duction of  liquor  into  the  N.  W.  Territories,  and  that  they 
shall  be  ordered  to  watch  all  roads  leading  Westward  within 
a  reasonable  distance  of  points ;  and  that  the  Minister  of  Jus- 
tice be  communicated  Avith,  at  once,  in  reference  to  this  sub- 
ject. 

The  Committee  appointed  to  consider  the  Amendment  of 
the  "  Poisons  Act  "  and  the  preparation  of  an  Act  providing 
for  the  appointment  of  Constables,  reported. 

The  Council  then,  being  in  legislative  session,  the  following 
Acts  were  read  at  length  and  passed. 

An  Act  to  amend  an  Act  entitled  the  "  Poisons  Act." 

Whereas  the    currency  of  the    Dominion  of  Canada  is  a 
decimal  one,  and  the  fine  imposed  for  any  infringement  of 
-the  Poisons  Act,  as  passed  by  this  Council  on  the  10th  March 
18Y3,  is  in  Sterling  Currency,  therefore, 

Be  it  enacted  that  the  Poisons  Act  be  amended  by  the 
introduction  of  the  words  "  Twenty-five  Dollars  "  in  lieu  of 
the  words  "  Five  Pounds  Sterling,"  as  the  amount  to  be  in- 
flicted for  any  contravention  of  the  Act  in  question. 

An  Act  providing  for  the  appointment  of  Constables. 

Wliereas  it  is  expedient  that  Justices  of  the  Peace  in  the 
North  West  Territories  shall  have  power  and  authority  to 
appoint  Constables  for  the  due  enforcement  of  the  law  and  the 
preservation  of  the  Public  Peace,  therefore, 


1018  CANADIAN  ARCHIVES 

1.  Be  it  enacted,  that  any  Justice  of  the  Peace  in  the 
l!^orth  West  Territories  may  name  and  appoint  one  or  more 
persons  to  be  Constables  and  Peace  Officers  for  the  enforcement 
of  the  Law  and  the  preservation  of  the  Public  Peace. 

2.  Every  person  so  appointed  shall  faithfully  perform  the 
duties  of  the  office  for  which  he  is  so  appointed  for  the  space 
of  one  year,  previous  to  expiration  whereof  the  said  Justice 
of  the  peace  shall  appoint  other  persons  as  Constables  in  their 
stead ;  provided  always  that  any  person,  or  persons,  who  have 
thus  served  for  one  year  may  be  re-appoint§d,  and  the  Justice 
of  the  Peace  may  increase  or  diminish  the  number  first 
appointed,  as  to  them  appears  most  for  the  public  safety. 

3.  But  no  such  appointment  shall  be  valid  in  the  case  of  a 
civil  or  military  officer,  or  any  person  in  Priest's  orders,  or 
in  the  profession  or  practice  of  physic  or  surgery,  or  any  school 
master,  or  any  person  not  of  full  age. 

4.  That  before  entering  upon  the  duties  of  their  office,  all 
such  Constables  shall  take  and  subscribe  to  the  following  Oath, 
which  shall  be  administered  to  them  and  each  of  them  by  the 
Magistrate  by  whom  they  are  appointed. 

Form  of  Oath. 

I  swear  that  I  shall,  until  lawfully  discharged  from  my 
office  of  Constable  in  the  IST.  W.  Territories,  be  always  ready  to 
serve  and  execute  all  legal  writs,  or  warrants,  and  to  maintain 
public  peace  and  security:  and  that,  I  shall,  to  the  utmost  of 
my  ability,  obey  all  laws  and  all  lawful  authorities  within  and 
for  the  said  1^.  W.  Territories,  and  use  my  best  endeavor  to 
induce  all  others  to  obey  the  same,  so  help  me  God. 

Moved  by  Honble.  Mr.  Kennedy,  seconded  by  Honble.  Mr. 
Hamilton,  and 

Resolved,  That  the  Council  respectfully  urge  upon  the 
Privy  Council  the  necessity  that  exists,  for  the  establishment, 
without  delay,  of  the  necessary  machinery  for  the  enforcement 
ol  the  Criminal  Law,  and  the  collection  of  debts  in  the  ISTorth 
West. 

They,  therefore,  renew  their  recommendations  and  would 
suggest  that  Stipendiary  Magistrates  be  appointed,  stationed 
at  Qu'Appelle  and  Port  Edmonton,  and  that  a  resident  Judge 
with  powers  of  the  Queen's  Bench,  be  appointed  to  be  stationed 
at  Fort  Carlton.  They  would  recommend  that  civil  cases 
should  be  tried  before  such  Judge  without  the  intervention  of  a 
Jury  with  an  appeal  in  cases  over  $500,  to  the  Queen's  Bench 


PIONEEK    LEGISLATION  1019 

01  Manitoba,  and  that  for  criminal  offences  of  the  graver  kind, 
a  simple  machinery  should  be  provided  for  the  selection  of 
Jurymen  from  the  Country  and  existing  settlement.  Council 
represent  the  expense  of  bringing  criminals  and  witnesses  from 
the  North  West  for  trial  in  Manitoba,  would  be  so  great  as, 
practically,  to  prevent  Justice  to  be  enforced. 

The  Council  submit  that  the  cost  of  administering  Justice  in 
the  ISTorth  West  under  the  present  system,  will  be  much  greater 
than  would  be  incurred  by  the  system  they  propose. 

The  Council  are  of  opiniQn,  however,  that  offences  in  the 
i<Jorth  West,  within  defined  Districts  within  a  reasonable  dis- 
tance from  Manitoba,  might  continue  to  be  heard  in  that  Pro- 
vince. Council  desire  to  express  the  opinion  that  any  person 
appointed  to  fill  the  office  of  Stipendiary  Magistrate  in  the 
!N^orth  West .  Territories  should  be  familiar  with  the  l!^orth 
West  Country  and  its  people — Council  are  of  opinion  that  such 
persons  can  be  found  in  the  Territories  or  in  the  Province  of 
Manitoba. 

Honble.  Mr.  Girard,  on  behalf  of  the  Committee  on  Stand- 
ing Orders  &c.  &c.,  reported  progress  and  asked  leave  to  sit 
again — Leave  was  granted.  The  Committee  on  Indian  Affairs 
made  a  partial  report,  and  asked  leave  to  sit  again,  which  was 
granted. 

The  following  is  the  partial  report  received  and  adopted 
by  Council: 

The  Council  of  the  ISTorth  West  respectfully  represent  to 
His  Excellency  the  Governor  General  in  Council,  that: 

1.  A  Treaty  should  be  made  this  year  with  the  Indians 
inhabiting  the  Territory  extending  from  Fort  Ellice  up  Qii'- 
Appelle  River  to  the  Elbow  of  the  South  Branch  of  Saskat- 
chewan following  down  the  South  S.  Branch  to  its  mouth 
above  Fort  a  La  Corne,  taking  in  all  the  Country,  the  waters 
of  which  flow  in  the  Assiniboine; — down  the  Assiniboine 
River  to  Fort  Pelly,  down  the  Shell  River,  down  the  Assini- 
boine to  Fort  Ellice  on  to  Moose  Mountain  S.W.  to  the  49th 
parallel  W.  along  the  boundary  to  110  degrees  West;  then  due 
Xorth  to  Red  Deer  River,  down  the  Saskatchewan  to  the  Elbow 
of  the  South  Branch. 

2.  That  a  Treaty  should  be  made  this  year  with  the  Indians 
inhabiting  the  Territory  within  the  following  limits :  From  10 
Miles  JSTorth  of  the  ISTorth  Saskatchewan,  up  that  River  to  Fort 
Pitt  (still  keeping  ten  miles  iSTorth  of  the  River)  then  due 
South  to  the  Eye  Brow  Hills,  5  miles  above  Junction  of  Red 


1020  CANADIAN  ARCHIVES 

Deer  Kiver  and  the  South  Branch — From  this  South  to  the 
Bow  River,  down  the  Bow  River  to  the  Elbow  of  the  South 
Branch  of  the  Saskatchewan. 

All  the  Indians  of  the  East  and  South  sides  of  the  Saskat- 
chewan (say  about  2,500)  to  meet  the  Commissioners  at  Qu'- 
Appelle. 

All  Indians  of  the  North  side  of  the  South  Saskatchewan, 
from  the  Deer  River  and  the  Eagle  Hills  to  the  Mouth  of  the 
Battle  River  10  miles  1^.  of  the  l^orth  Branch,  to  go  to  Fort 
Carlton. 

Indians  from  the  Birch  Hills,  Buffalo, Cart  Plains  and  Quill 
Lake  may  go  to  either  Carlton  or  Qu'Appelle. 

Indians  on  each  side  Battle  River,  and  10  miles  ISTorth  of 
the  JSTorth  Branch  shall  go  to  Port  Pitt,  5,000  Indians  will 
probably  be  included  in  the  Treaties  made  at  Fort  Carlton 
and  Fort  Pitt. 

Council  also  recommend  that,  if  possible,  a  Treaty  should 
be  made  with  all  Indians  living  in  the  Territory  lying  along 
the  Saskatchewan  between  Fort  a  La  Corne  to  Grand  Rapids 
including  10  miles  along  the  ISTorth  Branch  of  the  River,  then 
South  East  along  the  West  Shore  of  Lake  Winnipeg  to  the 
Mouth  of  the  Little  Saskatchewan  to  the  point  crosses  by  the 
Manitoba  Post  Treaty,  and  so  S.W.  to  the  Assiniboine. 

The  Commissioner  negotiating  this  Treaty  might  meet  the 
Indians  at  Fort  Pelly,  Fort  a  la  Corne  and  the  Pas. 

Probably  about  1,500  Indians  would  be  included  in  this 
Treaty. 

The  first  meeting  should  take  place  at  Qu'Appele  not  later 
than  July  15th.^^> 

The  second  meeting  at  Carlton  about  August  15th.^^' 

The  third  meeting  at  Fort  Pitt  about  Sept.  15th. '^' 

The  quantity  of  provisions  sent  to  each  of  the  two  former 
points  should  be  400  bags  flour,  50  oxen,  6  chest=  tea.  400  lbs. 
tobacco.  ' 

To  Fort  Pitt  there  should  be  sent  450  bags  flour,  50  oxen, 
7  chests  tea,  450  lbs.  tobacco. 

The  total  number  of  Indians  included  in  all  these  Treaties 
proposed  would  be  -about  9,000,  Plain  Crees,  Chippawas 
and  Assiniboines. 


*  The  conference  began  on  September  8;  the  Treaty  -nas  concluded  on 
September  15th,   1874. 

*  The  Commissioners  met  the  Indians  in  the  vicinity  of  Fort  Carlton 
in  Angust  1876,  and  concluded  a  treaty  with  the  Plain  and  Wood  Crees 
on  the  23rd  and  with  the  Willow  Crees  on  the  28th. 

•The  Treaty  at  Fort  Pitt  was  concluded  September  9,  1876. 


PIONEER    LEGISLATION  1021 

The  Commissioner  who  goes  to  Fort  Pelly,  Fort  a  la  Corne 
and  The  Pas  should  visit  those  points  sometime  in  the  month 
of  August  1874. 

After  the  adoption  of  the  above  Report  Council  adjourned 
until  2  P.M.  of  Monday  March  16th. 

March  16th  1874. 
Council  met  at  2  P.M.  The  Lieutenant  Governor  presiding. 

Present 

Honble.  Messrs.  Breland, 
"  "       Bannatjne, 


Dubuc, 

Praser, 

Hamilton,  - 

McKay, 

Bown, 

Kennedy. 

The  Committee  on  Indian  affairs  presented  their  Report  on 
Indians  and  other  matters  which  they  were  appointed  to  con- 
sider, and  the  following  "  Confidential  Minute  of  Council," 
based  upon  the  said  Report  was  adopted  by  the  Council. 

1.  Council  recommend  that  steps  be  taken  to  secure  the 
arrest  of  the  murderers  at  Cypress  Hills,  of  unoffending  In- 
dians, if  in  our*^^  Territory,  or  their  extradition  if  in  the 
United  States. 

2.  That  a  sufficient  force  be  sent  to  secure  the  collection  of 
the  Customs  duties  and  the  repression  of  the  trade  in  liquor 
by  the  American  traders  and  outlaws  in  the  Belly  and  Bow 
River  Districts,  and  that  such  force  should  consist  of  such  a 
number  of  trained  men  as  the  Military  authorities  are  of 
opinion  will  be  necessary  to  reduce  the  outlaws  to  order 
estimated  at  300  men  in  view  of  the  posisibility  of  their  effect- 
ing an  Indian  Alliance,  and  of  their  having  fortified  posts. 

3.  That  in  view  of  the  danger  of  an  Indian  War  and 
of  International  complications  which  might  embroil,  at  any 
moment  the  British  and  American  people  in  war,  the  Privy 

*  In  the  previous  year  some  whiskey  traders  from  the  United  States 
had  massacred  some  Assiniboine  Indians.  In  1875,  Major  Irvine  sent  to 
Montana  to  arrest  the  murderers,  brought  some  of  the  ringrleaders  before 
the  Fort  Benton  authorities.  Owinfr  to  lack  of  evidencp  they  were  dis- 
charged. Three  of  the  party.  James  Hughes,  Philander  Vogel  and  George 
Bell  were  taken  north  of  the  boundary  and  taken  to  Winnipeg  for  trial. 


1022  CANADIAN  ARCHIVES 

Council  should  ask  that  a  British  Regiment  should  be  stationed 
and  maintained  in  the  jSTorth  West  to  act  in  support  of  the 
Civil  authorities  and  in  concert  with  the  Dominion  forces. 

4.  That  the  Council  are  of  oj)inion  that  the  existing  Pro- 
visional Infantry  and  Artillery  are  of  urgent  necessity. 

5.  The  Council  recognize  the  value  of  the^  Police  force, 
but  suggest  that  they  should  be  placed  under  more  rigid  dis- 
cipline than  the  mere  imposition  of  fines  and  dismissal  will 
secure. 

6.  That  while  the  Council  advise  the  foregoin_g  steps,  they 
yet  feel  that  they  will  not  exceed  their  duty  if  they  represent 
that  it  is  necessary  that  a  Military  Force  should  be  maintained 
in  the  Province  of  Manitoba. 

The  following  Kesolution  in  reference  to  the  conduct  of 
Indian  affairs  was  then  passed: 

1.  That  this  Council  be  entrusted  with  the  duty  of  advising 
as  to  the  Tribes  with  which  Treaties  ought  to  be  made  and  a? 
to  all  matters  affecting  Indian  policy  in  the  ISTorth  West 
Territories. 

2.  That  the  Chief  Indian  Agent  ought  to  be  charged  with 
the  duty  of  seeing  that  the  provisions  of  the  several  Indian 
Treaties  are  carried  out. 

3.  That  sub-agents  should  be  appointed,  one  or  more  for 
each  Treaty  District  according  to  its  extent. 

4.  That  Treaties  should  be  made  by  Commissioners  specially 
charged  with  the  duty,  a  portion  of  whom  should  be  living 
in  the  ISTorth  West  Territories  or  Manitoba  and  familiar 
with  Indian  Character  and  with  Indian  language  and  habits 
cf  thought.  Such  Commissioners  should,  after  the  conclusion 
cf  the  Treaty,  have  nothing  to  do  with  matters  of  administra- 
tion arising  therefrom. 

5.  That  in  the  event  of  the  views  of  Council  being  acceded 
to,  a  Standing  Committee  be  appointed,  presided  over  by 
the  Lieutenant  Governor,  under  whose  instructions  the  Chief 
Indian  Agent  should  act,  and  with  whom  he  should  confer,  on 
all  matters  affecting  policy,  and  on  all  matters  of  dispute,  and 
by  whose  advice  he  should  be  guided. 

G.  The  Council  cannot  fail  to  recognize  the  importance  of 
the  Treaty  made  last  October,^^^  at  the  North  West  Angle, 
with  the  Indians  of  the  Lake  District,  which  they  believe  to 
have  been  most  satisfactory  and  just,  both  to  the  Indians  and 
the  white  man.  The  Council  are  glad  to  learn  that  the  former 
.are  well  satisfied  with  the  provisions  of  the  Treaty. 

1  October  3,  1873. 


PIONEER    LEGISLATION  1023 

Resolved,  That  in  view  of  the  action  of  the  Dominion  Gov- 
ernment in  reference  to  aid  to  Indian  Schools^  the  Council 
are  gratified  to  notice  this  indication  of  the  interest  felt  in  the 
welfare  of  the  Indian  population  by  the  Dominion  Authorities, 
but  respectfully  suggest  that  the  average  number  of  pupils 
required  by  the  Order  in  Council,  to  be  attendant  at  any  School 
in  order  to  obtain  Government  assistance  is  too  large  and  that 
an  average  attendance  of  twenty-five  pupils  should  be  con- 
sidered sufficient. 

The  Lieutenant  Governor  having  asked  the  advice  of  Coun- 
cil as  to  the  best  locality  for. a  Keserve  in  the  N'orth  West 
Territories  for  the  Sioux  now  residing  in  and  about  Portage 
La  Prairie  in  the  Province  of  Manitoba,  Turtle  Mountain  and 
Port  Ellice  in  the  l^ortJi  West  Territories,  Council  recom- 
mend that,  for  the  better  preservation  of  peace,  and  placing  a 
sufficient  distance  between  their  Reserve  and  that  of  the  Chip- 
pewas,  and  also  from  the  new  Settlements  forming  on  the  West- 
em  Frontier  of  Manitoba,  a  Reserve  for  the  said  Sioux  should 
be  set  apart  on  the  West  Bank  of  the  Little  Saskatchewan  where 
that  River  falls  into  the  Assiniboine  and  along  the  l^orth  Bank 
of  the  Assiniboine,  up  that  River,  embracing  a  sufficient 
quantity  of  land,  to  each  80  acres.'^^  The  land  is  not  adapetd 
for  large  farms  or  for  white  Settlement,  being,  generally,  hilly, 
stony,  and  with  little  timber  for  building  purposes.  At  the 
same  time  in  the  neighbourhood,  are  facilities  for  hunting  and 
fishing,  which  would  be  of  value  to  the  Indians.  It  would 
also  afford  them  small  farms. 

Resolved,  That  in  view  of  the  fact  that  the  Gentlemen  Com- 
missioned as  Justices  of  the  Peace  in  the  ISTorth  West  Terri- 
tories have  had  no  opportunity  of  becoming  acquainted  with 
the  Laws  which  now  apply  to  the  I^orth  West,  the  Council 
recommend  that  a  Manual  containing  all  such  Acts  and  Orders 
of  Council  as  relate  to  the  Government  of  the  Korth  West 
Territories,  together  with  all  Acts  of  the  Dominion  of  Canada,, 
whether  relating  to  the  Criminal  Laws  or  otherwise,  which 
apply  to  the  N.  W.  Territories  and  all  Acts  passed  by  this 
Council,  should  be  prepared  and  a  number  printed,  in  both 
French  and  English  for  the  use  of  the  said  Justices  of  the 
Peace  and  other  officials.  That  the  Secretary  of  the  Council 
be  asked  to  prepare  such  a  Manual  and  that  he  be  paid  a  rea- 
ponable  sum  for  doing  so,  and  seeing  that  a  sufficient  number 
of  copies  be  properly  and  correctly  printed  and  issued. 

*This  is  Indian  Reserve  58,  in  Township  10,  23  W.  1. 


1024  CANADIAN  ARCHIVES 

Resolved^  That  in  the  opinion  of  Council,  a  Proclamation 
should  be  issued  bj  the  Lieutenant  Governor  containing  the 
names  of  the  Justices  of  the  Peace  appointed  in  the  E^orth 
West  Territories  and  calling  upon  the  inhabitants  to  respect 
their  authority.  Honble.  Messrs.  Hamilton  and  MacKay  to 
be  a  Committee  to  determine  within  what  Districts  such  pro- 
clamation should  be  distributed. 

Resolved,  That  in  the  opinion  of  Council,  a  Messenger 
should  be  sent  in  advance  of  any  force  of  Military  or  Police 
going  into  the  JSI".  W.  Territories  to  explain  its  object  to  the 
Inhabitants. 

A  Petition  to  Council  from  one  Gordon  Gordon  was  pre- 
sented/^' but  its  consideration  was  deferred  until  next  Meeting 
of  Council. 

Resolved,  That  the  Honble.  Messrs.  Clarke,  Dubuc,  Hamil- 
ton, Bown  and  Kennedy  be  appointed  a  Committee  to  consider 
as  to  Indian  Orphan  Children  attending  Schools  in  the  North 
West  and  any  suggestion  to  be  made  in  connection  therewith; 
and  further,  if  they  find  it  practicable,  to  frame  a  Draft  of 
an  Act  for  submission  to  next  meeting  of  Council,  to  regulate 
the  matter,  and  to  define  the  mode  in  which  the  children  should 
be  adopted  and  the  age  at  which  the  period  of  apprenticeship 
should  cease. 

The   Council   then   adjourned. 

Monday  June  1st.  1874. 

Council  met  at  11  o'clock,  A.M.  His  Honor  the  Lieut- 
TEuant  Governor  presiding. 


Hon.  Messrs. 


Pkesent 

Bannatyne, 

Breland, 

Dubuc, 

Schultz, 

Boyd, 

Hamilton, 

Praser, 

Royal, 


*  Relative  to  alleged  misconduct  of  Attorney  General  Clarke. 


PIONEER    LEGISLATION  1025 

Delorme, 
Bown, 
Kennedy, 
■  McTavisli, 
Tait. 

Honble.  Mr.  Schiiltz  took  the  oath  of  office  as  prescribed 
by  Order  in  Council  October  1st.  1873. 

Honble.  Messrs.  Boyd,  Royal,  McTavish  and  Tait  were 
sworn  of  the  Council,  the  prescribed  oaths  being  administered 
by  Lt.  Col.  Osborne  Smith. 

The  Minutes  of  the  last  meeting  of  Council  were  read  and 
approved. 

The  Governor  then  addressed  the  Council  stating  what  had 
been  done  by  the  Dominion  Government  in  reference  to  the 
recommendations  of  the  North  West  Council,  and  what  Legis- 
lative action  had  been  taken  by  the  Dominion  Parliament  in 
connection  with  l^orth  West  affairs. 

Moved  by  Honble.  Mr.  Schultz, 
Seconded  by  Honble.  Mr.  Kennedy  & 

Resolved,  That  the  Council  of  the  ISTorth  West  having  been 
informed'^'  that  the  Boundary  Commission  is  about  to  proceed 
Westward  and  being  aware  of  the  jealousy  with  which  their 
advance  is  likely  to  be  viewed  by  the  Indians,  and  also,  of  tha 
i:eelings  of  animosity  which  the  Sioux  entertain  towards  the 
American  portion  of  the  Survey,  and  being  also  of  opinion  that 
if  the  Indians  were  thoroughly  informed  as  to  the  real  objects 
of  the  Survey  they  would  not  attempt  to  impede  its  onward 
progress,  the  Council  recommend  that  Commissioners  should 
precede  the  Survey  to  explain  matters  to  the  Indians,  and  also 
that  a  competent  person  should  accompany  the  Survey  for  the 
same  purpose. 

Moved  by  Honble.  Mr.  Royal, 
Seconded  by  Honble.  Mr.  McTavish  & 

Resolved,  That  the  Dominion  Government  be  asked  to  take 
the  proper  steps  for  demanding  from  the  United  States  author- 

*  The  Boundary  between  the  United  States  and  British  North  America 
was  settled  by  the  Treaty  of  Ghent,  1814.  Up  till  1872.  the  boundary  had 
not  been  marked  between  the  summit  of  the  Rocky  Mountains  and  the 
North  West  Angle  of  the  Lake  of  the  Woods.  In  this  year  British  and 
United  States  Commissioners  began  operations.  The  British  Commis- 
sioner was  Major  Cameron,  E.N.  During  1873,  the  Commissions  marked 
408  miles  of  the  boundary.  On  June  20,  1874,  work  was  resumed  from 
Wood  Mountain  westward.  The  work  was  completed  August  27,  1874 
The  Indians  proved  to  be  friendly. 
28159—65 


1026  CANADIAN  ARCHIVES 

ities  the  extradition  of  certain  parties  charged  with  the  murder 
of  ladians,  in  the  vicinity  of  the  Cypress  Hills,  last  year. 
Moved  by  Honble.  Mr.  Schultz, 
Seconded  by  Honble.  Mr.  Bown 

That  in  view  of  the  unsettled  state  of  the  Cree  and  Black- 
feet  Indians,  the  Council  of  the  North  West  Territories  re- 
commend that  the  first  Treaty  advised  by  the  Council,  other- 
wise known  as  the  Qu'Appele  Treaty,  be  made,  and  that  Mes- 
sengers be  sent  to  the  rest  of  the  Crees  and  the  Assiniboines, 
informing  them  of  the  Treaty  and  of  the  intentions  of  the  Gov- 
ernment in  regard  to  them,  before  the  occupation  of  their 
Country  by  the  Mounted  Police. 

Moved  in  amendment  by  Honble.  Mr.  Bannatyne,  seconded 
by  Honble.  Mr.  McTavish,  and 

Resolved,  That  Council  desire  most  urgently  to  recommend 
that  the  first  Treaty  suggested  by  them  at  their  last  Meeting, 
(Viz.  to  be  negotiated  at  Qu'Appelle)  should  be  made  with  as 
little  delay  as  possible,  and  that  the  Indians  should  be  notified 
to  assemble  on  the  1st  of  August  for  that  purpose — Council  are 
of  opinion  that  this  is  a  matter  which  admits  of  no  delay  and 
is  of  vital  importance. 

Council  would  be  glad  if  the  other  Treaties  suggested  by 
them  could  also  be  made  this  year  if  possible. 

Council  are  of  opinion  that  a  Messenger  should  precede 
the  Police  Force  to  explain  the  object  of  their  coming  into  the 
North  West  Territories,  and  to  inform  them  that  a  Treaty 
Avill  be  made  with  the  Indians  of  the  Qu'Appele  region  this 
year  and  also  with  the  other  Indians  as  soon  as  practicable. 

A  vote  was  then  taken  with  the  following  result : 

For  the  amendment :  Hon.  Messrs.  Bannatyne,  Breland, 
Dubuc,  Boyd,  Hamilton,  Fraser,  Royal,  Delorme,  Kennedy 
and  Tait.  Against  the  amendment — Honble.  Messrs.  Schultz 
&  Bown. 

The  amendment  was  declared  carried. 

jNIoved  by  the  Hon.  Mr.  Poyal, 

Seconded  by  Hon.  Mr.  Bannatyne  & 

Resolved,  That  Council  are  of  opinion  that  it  is  of  import- 
ance that  the  members  of  the  Privy  Council  for  Canada  should 
be  thoroughly  well  informed  as  to  all  matters  in  connection 
with  the  North  West  Territories,  the  nature  and  resources  of 
the  Country  and  the  character  of  its  people — They  therefore 
urgently  request  that  one  or  more  members  of  the  Privy  Coun- 


PIOIv^EER    LEGISLATIOX  1027 

cil  be  asked  to  visit  the  Xorth  West  this  year,  feeling  well 
assured  that  the  interests  of  the  Dominion  at  large  would  be 
advanced  by  their  so  doing. 

Moved  by  Honble.  Mr.  Hamilton, 

Seconded  by  Honble.  Mr.  Tait,  and 

Besolvedj,  That  those  Minutes  and  Resolutions  of  Council, 
which  have,  thus  far,  not  been  replied  to  or  acted  upon  by  the 
Dominion  Government,  be  enumerated,  and  His  Excellency's 
pleasure  in  reference  thereto  be  respectfully  asked. 

Moved  by  Honble.  Mr.  Hamilton, 

Seconded  by  Honble.  Mr.  Dubue,  and 

Resolved,  That  Council  are  of  opinion  that  the  Metis  and 
other  Settlers  in  the  North  West,  on  the  Saskatchewan,  on  the 
Qu'Appele  and  at  other  points  where  Settlements  have  been 
formed,  siould  be  informed,  that  the  Land  Policy  of  the  Domi- 
nion Government,  as  set  forth  in  a  dispatch  from  the  Minister 
of  the  Interior  (No.  27)  dated  August  20th  1873,  and  com- 
municated to  Bishop  Grandin  in  a  Dispatch  (ISTo.  80  N.)^^' 
dated  22nd  Sept.  1873,  shall  be  extended  throughout  the  North 
West. 

The  Petition  of  Gordon  Gordon,  relative  to  the  alleffed 
misconduct  of  Hon.  Mr.  Clarke,  was  read,  together  with  the 
Affidavits  supporting  the  same.  The  Secretary  was  instructed 
to  furnish  Mr.  Clarke  with  a  copy  of  the  petition  and  the  mat- 
ter was  laid  over  until  next  Session. 

The  Council  then  adjourned  until  10  o'clock  A.]\r,  of  the 
following  day,  June  2nd.  1874. 

Tuesday  June  2nd,  1874. 

Council  met  at  10  A.M. 

His  Honour,  the  Lieutenant  Governor  presiding. 

Present,  Honble.  Messrs.  Bannatyne,  Dubuc,  Hamilton, 
Breland,  Schultz,  Boyd,  Fraser,  Bown,  Royal,  Delorme.  Ken- 
nedy and  Tait. 

Moved  by  Lion.  Mr.  Hamilton, 

Seconded  by  Hon.  Mr.  Royal,  and 

Resolved,  That  in  view  of  the  absolute  necessity  that  exists 
for  providing  some  means  for  the  enforcement  of  the  Criminal 

*  The  system  of  surveying,  the  policy  of  dealing:  with  the  public  land 
in  ManitolDa  and  of  distributing  1,400.000  acres  to  the  half-breeds  was 
adopted  by  the  Dominion  Government  in  1871.  On  the  completion  of  the 
block  survey  of  Manitoba  in  1873  the  surveys  were  extended  to  the  North 
We^t  Territories.  The  allotment  of  land  was  extended  to  half-breeds 
resident  in  the  North  West  Territories  at  the  time  of  the  transfer  no 
less  <than  in  Manitoba. 

28159— 65J 


1028  CANADIAN   ARCHIVES 

Law  of  the  Dominion  and  the  protection  of  the  Civil  Rights  in 
the  N'orth-West  Territories,  Council  appoint  Honble.  Mr. 
Girard,  Clarke,  Dubuc,  Hamilton,  Schultz,  Bannatyne  and 
Royal  a  Committee  to  prepare  a  Bill  to  provide  for  the  creation 
of  a  Court  of  competent  jurisdiction  in  the  IN'orth-West  Terri- 
tories, to  be  presided  by  one  Judge  who  shall  decide  all  Civil 
Cases  without  the  intervention  of  a  Jury,  whose  decisions  in 
all  cases  where  the  amount  exceeds  $500,  shall  be  liable  to 
review  of  the  Court  of  Queen's  Bench  of  Manitoba.  Such  Bill 
to  be  submitted  to  Council  at  its  next  Meeting,  whether  regular 
or  emergent,  in  order  that,  if  passed  by  Council,  the  approval 
of  the  Privy  Council  thereto  may  be  sought  without  delay. 

'  The  Committee  appointed  to  consider  the  case  of  Indian 
Children  attending  Schools  in  the  ISTorth-West,  reported  two 
Bills,  through  their  Chairman,  Honble.  Mr.  Dubuc.  The  Bills 
referred  back  with  instructions  to  the  Secretary  of  the  Council 
to  enlarge  their  Preambles  and  have  copies  of  the  Bills  printed 
(in  English  and  French)  for  the  U(3e  of  ]Srember?. 

Moved  by  Honble.  Mr.  Royal 

Seconded  by  Honble.  Mr.  Boyd,  and 

Besolved,  That  in  view  of  all  the  informations  received 
from  various  sources  the  Council  of  the  North-West  are  decided- 
ly of  opinion  that  a  force  of*^'  300  men.  (even  were  they  a 
thoroughly  organized  force)  is  decidedly  inadequate  for  the 
purpose  of  enforcing  law  and  order  in  the  IsTorth-West  Terri- 
tories, or  maintaining  i>eace  therein.  From  what  they  have 
heard,  Council  are  led  to  fear,  that  the  consequences  of  sending 
Force  into  the  Territories  are  likely  to  be  disastrous,  and  may 
result  in  bloodshed  and  serious  trouble.  The  presence  of 
American  Traders  in  the  !Nortli-West  Territories  wherein  they 
set  all  British  law  at  defiance,  is  calculated  to  bring  British  and 
Canadian  authority  into  contempt,  and  may,  not  improbably, 
lead  to  serious  international  difficulties. 

The  Council,  therefore,  must  once  more  repeat  the  opinion 
expressed  at  their  Meeting  in  October  last,  that  it  would  in  all 
respects,  be  advisable  that  a  Britisli  regular  Regiment  should 
be  stationed  in  the  North- West,  and  Council  urgently  desire  to 
impress  this  upon  the  Dominion  Government,  and  ask  them  to 
represent  this  state  of  affairs  to  the  Imperial  authorities. 

A  Communication  from  Mr.  McArthur,  was  read,  concern- 
ing the  Indian  Reserve,  at  the  Mouth  of  the  Winnipeg  River. 

*Tlie  Royal  North  West  Mounted  Police.    The  garrison  at  Fort  Garry 
was  increased  to  300  at  the  time  of  the  Modoc  war  in  the  United  States. 


PIONEEK    LEGISLATION  1029 

The  Secretary  was  instructed  to  take  measures  for  ascertaining 
W'liat  are  the  facts  in  connection  with  the  matter  referred  to  by 
Mr.  McArthur,  and  to  prepare  a  Eeport  for  the  next  Meeting 
of  Council. 

A  letter  from  Messrs.  Kenny  and  Luxton  was  read,  asking 
that  a  reporter  might  be  present  during  the  Legislative  Session 
of  Council.  After  some  discussion  it  was  agreed  that  the 
matter  should  lie  over,  to  be  the  first  business  taken  up  on  the 
first  day  of  the  next  Session. 

Honble.  Messrs.  Dubuc  and  Royal  were  appointed  to  frame 
Kules  with  reeard  to  private  Bills  and  the  mode  of  giving  notice 
of  the  intention  to  apply  therefor. 

The  Council  then  adjourned. 

(Signed)         FRAl^K  G.  BECHER.^'^ 

Acting  Clerk  of  N.  W.  Council. 

Tuesday,  December  3rd  1874. 

Council  met  at  11  o'clock  A.M. 

His  Honor  the  Lieutenant  Governor  presiding. 

Present:  Honble.  Messrs.  McKay,  Boyd,  Eraser,  Royal, 
Kennedy,  Dubuc,  Girard,  Breland,  Hamilton,  Bannatyne, 
Bown  and  McTavish. 

The  letter  received  from  Messrs.  Luxton^"^  and  Kenny,  at 
the  last  Meeting,  requesting  that  a  Reporter  be  present  at  the 
Meetings  of  the  iN^orth-West  Council  was  considered  and  the 
subject  postponed. 

Moved  by  Honble.  Mr.  Girard 

Seconded  by  Honble.  Mr.  Hamilton,  and 

Resolved,  That  Council  are  desirous  of  expressing  their 
hearty  appreciation  of  the  services  of  the  late  Mr.  TJrquhart, 
Secretary  of  the  I*Torth-West  Council,  and  while  unanimous  in 

*  Frank  G.  Beclier  had  been  appointed  Private  Secretary  to  tlie  Lieut. 
Governor  on  September  1,  1873  at  a  salary  of  $1,000. 

^  William  Fisher  Luxton  was  editor  and  one  of  the  founders  -of  the 
Manitoba  Free  Press.  See  p.  36.  The  Free  Press  made  its  first  appear- 
ance as  a  weekly  November  9,  1872.     It  became  a  daily  the  following  year. 

Mr.  Luxton  was  born  in  Devonshire,  England,  December  12,  1844.  He 
came  to  Canada  in  1855.  He  founded  the  Strathroy  Age  and  became 
Editor  of  the  Seaforth  Expositor.  In  1874,  he  was  an  unsueessful  candi- 
date for  position  of  Mayor  of  Winnipeg.  In  December,  1874,  he  was 
elected  member  for  Rockwood  in  the  Manitoba  Legislature.  He  was  a 
Liberal.  He  advocated  a  Prohibitory  Liquor  Law;  purely  secular 
national  education;  the  establishment  of  a  complete  municipal  system 
in  Manitoba;  the  alsolition  of  the  French  language  in  the  Legislature  and 
Law  Courts;  the  introduction  of  voting  by  ballot  in  Legislative  and 
Mianicipal  elections.  For  a  reference  to  Mr.  Luxton  see  Hughes,  Father 
Lacombe,   pp.   235-7. 


1030  CANADIAN    AltCIIIVES 

■testifying  to  his  having  performed  those  services  in  a  most  care- 
ful and  efficient  manner  regret  deeply  the  losa  they  have  sus- 
tained by  his  sudden  death. 

The  painful  circumstances  of  his  decease  bring'  the  matter 
more  prominently  before  them,  his  wife  having  been  at  the  time 
of  his  death  deranged  and  under  the  care  of  Sisters  of  Charity 
at  St.  Boniface,  while  his  only  child,  a  boy,  of  some  ten  years 
was  left  entirely  destitute  and  is  the  recipient  of  the  charity 
of  Major  Peebles.  The  Council  desire,  therefore,  to  bring  the 
case  under  the  attention  of  the  Dominion  Government  inas- 
much as  Mr.  Urquhart  was  an  officer  of  that  Government  and 
was  sent  to  Manitoba  by  them  from  Ontario  to  discharge  duties 
m  connection  with  the  ]Srorth-West  Territories. 

Moved  by  Honble.  Mr.  Dubuc 

Seconded  by  Honble.  Mr.  Royal  and 

Resolved  That  the  Act  to  regulate  the  relations  existing 
between  Religious  Institutions  and  Children  committed  to  their 
care  be  now  read  a  first  time  and  stand  for  second  reading  at 
next  Meeting. 

Moved  by  Honble.  Mr.  Royal, 

Seconded  by  Honble.  Mr.  McKay  and 

Resolved  That  the  Act  to  regulate  the  condition  of  Orphan 
or  Destitute  Childr^i  be  now  read  a  first  time  and  stand  for 
second  reading  at  the  next  Meeting. 

Honble.  Mr.  Girard  introduced  certain  Bills  entitled  as 
follows : 

1.  An  Act  to  incorporate  "  Les  Reverends  Peres  Oblats  '' 
in  the  Diocese  of  St.  Albert. 

2.  An  Act  to  incorporate  the  Roman  Catholic  Bishop  of 
St.  Albert.'" 

3.  An  Act  to  incorporate  the  Roman  Catholic  Bishop  of 
McKenzie  and  Athabaska.'^^ 

4.  An  Act  to  incorporate  "  Les  Reverends  Peres  Oblats  " 
in  the  Vicariat  Apostolique  of  Athabaska  and  McKenzie. 

5.  An  Act  to  incorporate  the  Sisters  of  Charity  in  the 
North- West  Territories. 

But  as  no  Petitions  therefore  were  before  the  Council,  Mr. 
Girard  withdrew  them. 

Honble.  Mr.  Girard  as  Chairman  presented  a  Report  of  the 
Committee  as  to  Rules,  Orders  and  Forms  of  proceedings  of  the 
North- West  Council  which  was  received  and  the  further  con- 
sideration thereof  postponed  to  the  next  Meeting. 

■  Bishop  Vital  Grandin. 
'  Bishop  Henri  Faraud. 


PIONEER    LEGISLATION  1031 

Moved  by  Honble.  Mr.  Royal 

Seconded  by  Honble.  Mr.  Boyd  and 

Resolved,  That  a  Committee  to  take  into  consideration  the 
question  of  Highways  through  the  North-West  Territories  be 
appointed  composed  of  the  following  members :  Honble.  Messrs. 
Bown,  Bannatyne,  Breland,  McKay  and  Hamilton. 

Moved  by  Honble.  Mr.  Girard 

Seconded  by  Honble.  Mr.  Bown  and 

Resolved^  That  a  Committee  to  take  into  consideration  the 
most  suitable  region  to  call  the  Indians  together  for  the  purpose 
of  negotiating  Treaties  Avith-them  be  appointed  composed  of 
the  following  Members:  Honble.  Messrs.  Hamilton^  McKay, 
Boyd  and  Breland. 

The  Council  then  adjourned  until  2  o'clock  P.M.  of  the 
following  day^  December  the  4th,  1874. 


Friday,  December  4th,  1874. 

Council  met  at  two  o'clock  P.M.  His  Honor  the  Lieut- 
enant Governor  presiding. 

Present:  Honorable  Messrs.  Schultz,  McKay,  Dubuc,  Ken- 
nedy, Fraser,  Hamilton,  Bown,  Breland,  Royal,  Boyd,  Banna- 
tyne, Girard, 

Moved  by  Honble.  Mr.  Girard 

Seconded  by  Honble.  Mr-  McKay  and 

Resolved,  That  the  Council  referring  to  their  Resolution  of 
the  12th  March  1874,  again  renew  their  recommendation  as  to 
the  necessity  and  advantage  of  establishing  Postal  Communica- 
tions with  Fort  Edmonton. 

Moved  by  Honble.  Mr.  McKay 

Seconded  by  Honble.  Mr.  Breland,  and 

Resolved,  That  the  Council  deeply  regret  that  the  Privy 
Council  has  not  been  pleased  to  communicate  their  approval  or 
disapproval  of  the  Legislation  and  many  resolutions  adopted 
'hj  Council  at  their  Meetings  held  on  the  4th,  8th,  11th  and 
13th  of  September  1873,  March  11th,  12th,  14th,  16th,  1874, 
and  June  1st  and  2nd  1874,  and  they  respectfully  represent 
that  such  long  delay  has  paralyzed  the  action  of  the  Council. ^^' 
The  Council  have  given  their  best  attention  to  the  weighty  in- 

^  A  copy  of  every  such  law  made  by  the  Lieutenant  Governor  of  the  said 
Territories  and  his  Council  shall  be  mailed  for  transmission  to  the  Gov- 
ernor in  Council  within  ten  days  after  its  passing,  and  may  be  dis- 
allowed by  him  at  any  time  within  two  years  after  its  passing-  36  Vict. 
Ch.  34.      ■  ■ 


1032  CANADIAN    ARCHIVES 

terests  entrusted  to  them  and  have  acted  with  a  sincere  desire 
to  contribute  to  the  advancement  of  the  North- West  Territories 
and  the  establishment  of  Law  and  Order,  but  they  represent 
that  to  enable  them  to  discharge  their  important  mission  thej 
must  be  sustained  by  the  prompt  action  and  active  support  of 
the  Government  of  Canada. 

On  the  Motion  of  the  Honble  Mr.  Hamilton  The  Bill 
entitled  "  An  Act  to  regulate  the  relations  between  Religious 
Institutions  and  Children  committed  to  their  care  "  was  read 
a  second  time  and  the  Council  resolved  itself  into  a  Committee 
of  the  whole  to  take  it  into  consideration. 

The  Committee  having  reported  the  Bill  with  certain 
amendments,  the  Report  and  Amendments  were  adopted  and 
the  Bill  was  ordered  to  be  read  a  third  time  at  the  next  Meet- 

On  the  motion  of  the  Honble  Dr.  Schultz,  The  Bill  intitled 
"  An  Act  to  regulate  the  condition  of  Orphan  or  destitute 
Children  "  was  read  a  second  time,  and  the  Council  resolved 
itself  into  a  Committee  of  the  whole  to  take  it  into  considera- 
tion. 

The  Committee  having  reported  |the  Bill  with  certain 
amendments  the  report  and  Amendments  were  adopted  and  the 
Bill  was  ordered  to  be  read  a  third  time  at  the  next  sitting. 

Honble  Mr.  Girard  presented  the  following  Petitions  from 

1.  Revd.  Father  Vital  Grandin  as  Bishop  of  St.  Albert 
praying  for  the  Incorporation  of  the  Revd-.  Peres  Oblats  in  the 
Diocese  of  St  Albert. 

2.  From  the  Right  Revd.  Vital  Grandin  Bishop  of 
St.  Albert,  asking  to  be  incorporated  under  the  name  "  La  Cor- 
poration Episcopale  Catholique  Romaine  de  St.  Albert." 

3.  From  His  Grace  the  Archbishop  of  St.  Boniface,  asking 
for  the  Incorporation  of  the  Right  Rev.  Henri  Faraud  as 
Bishop  of  the  Diocese  and  Vicariat  Apostolique  of  McKenzie 
and  Athabaska. 

4.  From  His  Grace  the  Archbishop  of  St.  Boniface,  ask- 
ing for  the  Incorporation  of  the  Rev.  Peres  Oblats  in  Vicariat 
Apostolique  of  Athabaska  and  McKenzie. 

5-  From  the  Rev.  Sister  Hamel,  Superior  of  the  Sisters 
of  Charity  of  St.  Boniface,  askins:  for  the  Incorporation  of 
the  Sisters  of  Charity  in  the  l^orth  West  Territories. 

The  above  Petitions  were  received. 

Moved  by  Honorable  Mr.  Roval 

Seconded  by  Honorable  Mr.  Bo^vn,  and 


PIONEER    LEGISLATION  1033 

Resolved,  That  a  Committee  on  Private  Bills  be  appointed 
composed  of  the  followino-  Members,  Honorable  Messrs  Schiiltz, 
Dubuc,  Girard,  Kennedy,  and  Fraser. 

Hon.  Mr.  Girard  asked  leave  to  introduce  the  following 
Bills:— 

1.  An  Act  to  incorporate  Les  Reverends  Peres  Oblats 
in  the  Diocese  of  St.  Albert. 

2.  An  Act  to  incorporate  the  Eoman  Catholic  Bishop  of 
St.  Albert. 

3.  An  Act  to  incorporate  the  Roman  Catholic  Bishop  of 
McKenzie  and  Athabaska. 

4.  An  Act  to  incorporate  Les  Reverends  Peres  Oblats  in 
the  Vicariat  Apostolique  of  Athabaska  and  McKenzie. 

5.  An  Act  to  incorporate  the  Sisters  of  Charity  in  the 
JSTorth  West  Territories. 

On  the  Motion  of  the  Honble  Mr.  Girard  the  above  Bills 
were  referred  to  the  Committee  on  Private  Bills. 

Honble  Mr.  Dnbuc,  Chairman  of  the  Committee,  appointed 
at  the  last  Session  to  prepare  Rules  in  regard  to  Private  Bills, 
presented  the  Report  of  the  Committee  which  was  received 
and  referred  to  the  Committee  on  Private  Bills. 

The  Rules,  Orders  and  Forms  of  proceedings  of  the  l^orth 
West  Council  were  also  referred  to  the  Committee  on  Private 
Bills  for  their  Report.  The  Council  then  adjourned  until  2 
o'clock  P.M.  of  Mondav  the  Yth  December  1874. 


Monday  7th  December  1874. 

The  Council  met  at  2  o'clock  P.M.,  His  Honor  the  Lieu- 
tenant Governor  presiding. 

Present:   Hon.   Messrs  McKay,   Schultz,  Breland,  Dubuc, 
Girard,  Boyd,  Bannatyne,  Kennedy  and  Fraser. 
On  the  motion  of  the  Honorable  Mr.  Dubuc, 
Seconded  by  the  Honble  Mr,  Bannatyne,  and 
Resolved,  That  the  Act  entitled  an  Act  to  regulate  the  rela- 
tions existing  between  Religious  Institutions  and  Children  com- 
mitted to  their  care  was  read  a  third  time  and  passed  under  the 
Title  of  "  An  Act  to  regulate  the  Relations  existing  between 
Religious  Institutions  and  Children  committed  to  their  care  ". 
Said  Act  being  as  follows : — 

An  Act  to  enable  Religious  Institutions  in  the  Is'orth  West 
Territories  to  receive  into  their  care  and  guardianship 
Children  voluntarily  entrusted  to  their  care. 


1034  CANADIAN    AllCIIIVES  ' 

Wliereas  it  is  expedient  that  certain  Institutions  in  the 
!North  West  Territories  should  be  enabled  to  receive  into  their 
care  and  guardianship  children  voluntarily  entrusted  to  their 
care,  and  that  the  terms  upon  which  children  are  so  received 
should  be  properly  defined. 

Therefore  Her  Majesty  has  seen  fit  by  and  with  the  advice 
and  consent  of  Her  ISTorth  West  Council  to  enact  as  follows : — - 

I.  It  shall  be  lawful  for  the  authorities  of  any  School  or 
Orphanage  in  the  I^orth  West  Territories,  maintained  as  such 
by  the  Church  of  England  and  Ireland,  the  Roman  Catholic 
Church  ,the  Canada  Presbyterian'^^  Church,  the  Methodist 
Church  of  Canada,  or  any  other  Protestant  Church,  to  receive 
from  the  parents,  or  in  the  event  of  the  decease  of  the  parents, 
from  the  relations  in  charge  thereof,  any  child  under  the  age 
of  fourteen  years,  for  the  purpose  of  supporting  and  educating 
such  child. 

II.  Whenever  such  child  shall  be  so  received,  the  Institu- 
tion receiving  the  same  shall  be  bound  to  give  proper  nutri- 
ment, medical  care,  clothing  and  education  to  such  child — and 
shall  be  bound  to  do  so  until  such  child  shall  reach  the  age  of 
sixteen  years— Provided  always  that  during  the  whole  term 
of  such  teaching  and  training  the  rights,  powers  of  authority 
of  the  parents  or  guardians  over  such  child  shall  cease,  and 
shall  be  vested  in  and  exercised  by  the  Manager  of  the  Institu- 
tion having  charge  of  the  child. 

III.  Whenever  such  child  shall  be  so  received,  it  shall  be 
duly  explained  to  the  parents  or  relatives  placing  such  child 
in  any  such  Institution  that  the  Institution  is  bound  to  and 
will  maintain  and  educate  such  child  until  arriving  at  the  age 
or  sixteen  years,  and  that  if  such,  parents  or  relative  volun- 
tiirily  place  such  child  in  the  said  Institution,  the  parents  or 
relatives  shall  be  bound  to  leave  such  child  under  the  care  and 
guardianship  of  such  Institution  until  the  age  of  sixteen  years 
unless  such  child  shall  be  ordered  to  be  civen  up  to  the  parents 
or  relatives  thereof  in  manner  hereinafter  provided. 

IV.  In  case  any  such  institution  refuses  to  give  up  such 
child  at  the  demand  of  the  said  parent,  or  parents,  such 
parent  or  parents  may  by  application  to  a 
Stipendiary  Magistrate  after  due  notice  of  such 
application    being     given    to    the    Institution,    appear    before 

^  The  Canada  Presbyterian  Church  by  Tinion  on  June  15,  1875  with 
the  Presbyterian  Church  of  Canada  in  connection  with  the  Church  of 
Scotland,  the  Presbyterian  Church  of  the  Maritime  Provinces  in  connec- 
tion with  the  Church  of  Scotland  and  the  Presbyterian  Church  of  the 
Lower  Provinces  became  the  Presbyterian  Church  in  Canada. 


PIONEER    LEGISLATION  1035 

sucli  Magistrate  to  support  the  said  application  and  if  proved 
that  the  parent  or  parents  are  fit  and  proper  person  or  persons 
to  take  cJiarge  of  the  child,  then  the  said  Magistrate  may  npon 
good  and  sufficient  reason  being  shown,  order  the  child  to  he 
restored  to  the  custody  and  control  of  such  parent,  or  parents. 

V.  It  ghall  be  the  duty  of  any  such  Institution  to  keep  a 
Register  of  all  the  children  so  received,  the  date  and  particu- 
lars of  their  reception,  name,  age,  and  particulars  of  their 
condition,  their,  death  or  removal  from  such  Institution,  the 
nationality  or  tribe  to  which  they  belong,  and  transmit  to  the 
J^orth  West  Council  yearly  in  tlie  month  of  January  an  abstract 
of  such  Register. 

VI,  This  Act  shall  be  known  as  "  An  Act  to  regulate  the 
relations  existing  between  Religious  Institutions  and  children 
entrusted  to  their  care." 

On  the  Motion  of  Ilonble  Dr.  Schultz, 

Seconded  by  Honble-  Mr.  Dubuc,  and 

Resolved,  That  the  Bill  entitled  "  An  Act  to  regulate  the 
condition  of  Orphan  or  Destitute  Children  "  was  read  a  third 
time  and  passed  under  the  Title  of  "  An  Act  to  regulate  the 
condition  of  Orphan  or  Destitute  Children,"  said  Act  being  as 
follows : 

An  Act  to  regulate  the  condition  of  Indian  Orphan  or 
Destitute  Children,  attending  schools  in  the  North  West  Ter- 
ritories. 

Whereas  certain  Institutions  are  by  voluntary  contributions 
maintained  in  the  I^orth  West  Territories  for  the  purpose  of 
furnishing  a  home  for  children  wdio  may  be  deprived  of  their 
natural  protectors,  either  by  death,  abandonment,  or  otherwise, 
and  for  the  purpose  of  protecting  such  children  from  the  effect 
of  want  and  exposure  to  crime,  and  affording  them  educational 
training. 

Therefore  Her  Majesty  has  seen  fit  by  and  with  the  advice 
and  consent  of  Her  Majesty's  ISTorth  West  Council  to  enact 
2k6  follows: 

I.  Any  person  in  the  ISTorth  West  Territories  may  bring 
before  two  Justices  of  the  Peace  or  a  Stipendiary  Magistrate, 
any  child  apparently  under  the  age  of  fourteen  years  that  comes 
within  any  of  the  following  descriptions,  viz: 

II.  That  is  found  wandering  and  not  having  any  home  or 
settled  place  of  abode,  or  proper  guardianship,  or  visible  means 
of  subsistence. 


1036  CANADIAN  ARCHIVES 

III.  That  is  found  destitute,  either  being  an  Orphan  or 
having  a  surviving  parent  who  is  undergoing  imprisonment, 
or  who  has  deserted  the  said  child. 

IV.  The  Justices  or  Stipendiary  Magistrates  before  whom 
a  child  is  brought,  coming  within  one  of  the  descriptions  men- 
tioned in  the  preceding  clauses,  if  satisfied,  on  enquiry,  of  the 
fact,  and  that  it  is  expedient  to  deal  with  such  child  under  this 
Act,  may  order  him  (or  her)  to  be  sent  to  any  such  Institution 
as  may  be  willing  to  receive  such  child  in  conformity  with  the 
provisions  of  this  Act. 

V.  On  determining  on  the  School  to  which  the  child  shall 
ba  sent,  the  Justices  or  Magistrate  shall  endeavour  to  ascer- 
tain the  religious  persuasion  to  which  the  child  belongs,  and 
shall  select  a  School  conducted  in  accordance  with  such  per- 
suasion to  which  the  child  or  its  parents,  or  parent,  belong  or 
belongs,  and  the  order  shall  specify  such  religious  persuasion. 

VI.  If  the  child  shall  be  utterly  ignorant  and  shall  have 
no  knowledge  of  any  religious  persuasion,  or  belief,  he  (or 
she)  shall  be  sent  to  such  one  of  the  above  named  Institutions 
as  shall  be  situated  nearest  to  the  place  whereat  the  said  Order 
is  made. 

VII.  The  Order  shall  specify  the  time  for  which  the  child 
is  to  be  detained  in  the  School,  being  such  time  as  to  the  Justices 
or  Stipendiary  Magistrate  seems  proper  for  the  teaching  and 
training  of  the  child,  but  not  in  any  case  extending  beyond 
the  time  when  he  (or  she)   attains  the  age  of  sixteen  years. 

VIII.  During  the  whole  time  of  such  teaching  and  train- 
ing, the  rights,  power  and  authority  of  the  parents  or  guar- 
dians over  such  child  shall  cease,  and  shall  be  vested  in  and 
exercised  by  the  Manager  of  the  Institution  having  charge  of 
the  child.  Provided  always,  that  if  at  any  time,  it  shall  be 
proved  by  indubitable  evidence  before  the  two  Justices  and 
Stipendiary  Magistrate,  that  the  parent  of  the  child  is  a  fit 
and  proper  person  to  take  charge  of  it  and  is  able  to  do  so,  then 
the  said  Justices  or  Mas'istrate  as  aforesaid  may,  upon  good 
and  sufficient  cause  being  sho^vn  restore  the  child  to  the  custody 
and  control  of  such  parent,  or  parents. 

IX.  Whenever  any  such  child  shall  be  so  received,  the 
Institution  receiving  the  same  shall  be  bound  to  give  proper 
nutriment,  medical  care,  clothing  and  education  to  such  child, 
and  shall  be  bound  so  to  do  until  such  child  shall  reach  the  age 
of  sixteen  years. 

X.  It  shall  be  the  dutv  of  any  such  Institution  to  keep  a 
Register  of  all  the  children  so  received,  the  date  and  particu- 


PIOXEER    LEGISLATION  1037 

]ars  of  their  rece2}tion,  name,  age  and  particulars  of  their  con- 
dition, their  death  or  removal  from  such  Institution,  the 
nationality  or  Tribe  to  which  they  belong,  and  transmit  to  the 
North  West  Council  yearly,  in  the  month  of  January,  an 
Abstract  of  such  Eegister. 

XL  This  Act  shall  be  known  as  "The  North  West 
Orphans'  Act". 

Moved  by  Honble  Mr.  Girard 

Seconded  by  Honble  Mr.  Dubuc,  and 

Resolved^  That  the  Council  do  go  into  a  Committee  of  the 
whole  on  the  Bills  to  incorporate  the  Eoman  Catholic  Bishop 
of  St.  Albert.  The  Bill  to  incorporate  Les  Reverends  Peres 
Oblats  in  the  Diocese  of  St.  Albert.  The  Bill  to  incorporate 
the  Roman  Catholic  Bishop  of  McKenzie  and  Athabaska.  The 
Bill  to  incorporate  I^es  Reverends  Peres  Oblats  in  the  Vicar- 
iat  Apostolique  of  Athabasca  and  McKenzie.  The  Bill  to 
incorporate  the  Sisters  of  Charity  in  the  North  West  Terri- 
tories; and  the  same  being  reported  with  amendments,  the 
Council  concurred  therein.  Resolved  that  the  second  reading 
be  postponed  until  the  next  Session  of  Council. 

Honorable  Mr.  Bannatyne  Chairman  of  the  Committee 
appointed  at  the  last  Meeting  to  prepare  a  report  drawing  the 
attention  of  the  Privy  Council  to  the  interruption  of  highways 
through  the  North  West  Territories,  presented  the  report  of 
the  Committee  which  was  received  and  adopted,  and  is  as  fol- 
lows : 

The  Committee  appointed  to  report  on  Highways  through 
the  North  West  Territories  respectfully  beg  to  report  that  as 
already  great  inconvenience  and  interruption  to  Traffic  through 
the  North  West  Territories  has  been  occasioned  by  Settlers 
and  Squatters  occupying  the  Highways  established  by  usage 
obstructing  them  with  fences  and  thus  shutting  off  the  water- 
ing places.  Portages  and  River  fords,  request  that  the  attention 
of  the  Dominion  Grovernment  be  respectfully  directed  to  the 
matter,  and  it  is  urgently  petitioned  that  the  land  now  used 
as  public  road  and  as  Portages  and  ways  between  navigable 
Rivers  and  sheets  of  water  and  as  approaches  to  watering  places 
in  the  North  West  Territories  be  at  once  set  apart  and  located 
for  highway  and  other  public  purposes  before  they  are  occupied 
bv  intending  Settlers,  in  order  to  prevent  the  inconvenience 
above  referred  to. 

Hon.  Mr.  Boyd  chairman  of  the  Committee  appointed  at 
the  last  Meeting  to  prepare  a  Report  to  be  transmitted  to  the 


1038  CANADIAN  ARCHIVES 

Dominion  Government  as  to  the  most  suitable  places  to 
assemble  the  Indians  of  the  jSTorth  West  Territories  for  the 
purpose  of  negotiating  Treaties  with  them,  the  Report  of  the 
Committee  was  received  and  adopted  and  is  as  follows : — 

The  Committee  are  of  opinion  that  the  Section  of 
Country*^'  requiring  immediate  attention  is  that  which  com- 
prises the  rapidly  growing  Settlements  of  Prince  Albert  and 
Saint  Laurent,  and  respectfully  request  that  Treaties  be  made 
with  the  Indians  inhabiting  the  above  named  region  during 
the  ensuing  Summer. 

At  the  same  time  the  Committee  would  respectfully  sug- 
gest that  at  a  former  meeting  of  Council  on  the  16th  of  March 
1874,  the  matter  was  fully  entered  into  and  received  the  best 
attention  and  consideration  of  the  Committee,  then  appointed 
tc  report  on  the  same,  all  of  whom  had  a  personal  knowledge  of 
the  Country  and  its  requirements  and  their  report  was  received 
and  adopted  by  the  Council  and  referred  to  the  Privy  Council 
for  their  consideration. 

Honble.  Dr.  Schultz,  Chairman  of  the  Committee  on  Pri- 
vate Bills  presented  a  Report  of  the  Committee  on  the  Rules 
in  regard  to  Private  Bills.  The  Report  of  the  Committee  was 
received  and  adopted  and  is  a:^  follows : 

Your  Committee  has  the  honour  to  report  the  following 
Regulations  and  beo-  to  submit  them  to  the  Council. 

1.'  At  the  first  Session  of  the  Council  in  each  year,  there 
shall  be  appointed  a  Standing  Committes  on  Private  Bills, 
whose  functions  and  duties  shall  for  a  year  continue  until  a 
new  Committee  is  appointed. 

2.  The  Committee  on  Private  Bills  shall  be  composed  of 
five  members,  three  of  whom  shall  form  a  quorum- 

3.  All  Private  Bills  shall  be  introduced  on  Petitions  stat- 
ing the  object  of  the  Bill,  and  every  such  Petition  shall  be, 
at  once  too-ether  with  the  Bill,  referred  to  the  Committee  on 
Private  Bills. 

4.  A  Petition  for  a  Private  Bill  mav  be  sent  to  the  Coun- 
cil either  in  Session  or  in  vacation.  If  in  Session,  the  Com- 
m.ittee  shall  consider  the  same  and  report  at  the  next  Meetino;. 
If  in  vacation,  the  Secretary  of  the  Council  shall  transmit  the 
s?me  to  the   Committee  on  Private  Bills,   and  the  Chairman 

*  Gabriel  Dumont  and  some  200  Halfbree'd  families  liad  come  to  Gabriel's 
Crossing:  near  Duck  Lake  about  2  years  previous  to  this  date.  Amonp;  them 
Dumont    organized  a  government  after  the  pattern  of    the  buffalo  hunts.     It 
was  the  district  of  Lome  about  Prince  Albert  which  was  the  first  in  1881 
to  have  suiBcient  population  to  elect  a  representation  to  the  N.W.  Council. 


PIONEER    LEGISLATION  1039 

shall  cause  the  Petition  and  Bill  to  be  examined  by  the  Com- 
mittee before  the  next  Session,  in  order  to  report  on  the  same 
on  the  first  day  of  the  Session. 

5.  Every  Private  Bill  shall  receive  three  several  readings 
on  different  days  previous  to  being  passed,  except  Avhen  the 
Council  shall  have  sufficient  reasons  to  do  otherwise. 

6.  Every  Private  Bill  shall  be  printed,  either  before  or  after 
the  first  reading,  and  before  being  taken  into  consideration  by 
the  Council- 

7.  The  Party  or  Parties,  having  petitioned  for  the  intro- 
duction of  a  Private  Bill,  and  all  persons  whose  interest  or  pro- 
perty may  be  affected  by  any  Private  Bill,  may  when  required 
to  do  so,  appear  before  the  Standing  Committee  on  Private 
Bills,  touching  their  consent  or  to  give  explanation  in  reference 
to  the  Bill,  or  may  send  their  said  consent  or  explanation  in 
writing,  proof  of  which  may  be  demanded  by  such  Committee, 

The  whole  is  respectfully  submitted 

(Sgd.)     J.  DUBUC  for  De.  SCHULTZ. 

Chairman  of  the  Committee. 

And  also  the  Report  of  the  Committee  on  Rules,  Orders  and 
Forms  of  Proceedings  of  the  l^orth  West  Council  Avhich  was 
received  and  adopted,  and  is  as  follows: 

1.  On  the  first  day  of  the  first  semi-annual  Meeting  of  the 
Council,  His  Honor  the  Lieutenant  Governor  shall  open  the 
Session  by  a  speech  drawing  the  attention  of  the  Council  to  the 
most  important  measures  which  will  have  to  be  considered 
during  the  Session- 

2.  The  Council  having  answered  the  Speech,  all  matters 
submitted  to  the  Council  at  the  preceding  Meeting  and  adjourn- 
ed for  ulterior  consideration,  shall  be  laid  before  the  Council 
to  be  disposed  of  as  they  stand  on  the  orders  of  the  day. 

3.  At  the  commencement  of  every  Session,  the  Clerk  in  his 
capacity  as  Treasurer  shall  lay  before  the  Council  a  detailed 
statement  of  all  disbursements  since  the  last  audit,  and  shall 
produce  vouchers  in  support  thereof. 

SITTING  OF   COUNCIL. 

4.  The  usual  time  for  ordinary  meetings  of  the  Council 
shall  be  at  two  o'clock  in  the  afternoon  unless  some  other  time 
shall  have  been  previously  fixed  upon. 


1040  CANADIAN  ARCHIVES 

6.  If  thirty  minutes  after  the  time  of  meeting  a  quorum 
is  not  present,  the  Lieutenant  Governor  or,  in  his  absence,  the 
Senior  Member,  acting  as  President  shall  adjourn  to  the  next 
Sitting  day.  The  names  of  the  Councillors  present  being  taken 
down  by  the  Clerk. 

6.  When  during  a  sitting  of  the  Council,-  it  appears  that 
there  is  no  quorum,  the  President  adjourns  the  Council  as  above 
without  a  question  first  put. 

I.  The  orders  of  the  day  which  at  the  adjournment  have 
not  been  proceeded  with  are  considered  as  postponed  until  the 
next  Sitting  day  and  to  take  precedence  of  the  Orders  of  that 
day  unless  otherwise  ordered. 

8.  If  at  five  o'clock  the  business  be  not  concluded,  the  Pre- 
sident leaves  the  Chair  until  the  afternoon  Session  of  the  next 
day. 

9.  When  the  Council  adjourns  on  Friday  unless  otherwise 
ordered,  it  stands  adjourned  until  the  Monday  following- 

10.  The  President  shall  maintain  order  or  decorum,  and 
shall  decide  questions  of  order  without  appeal,  when  the  Lieut- 
enant Governor  presides,  but  with  appeal  to  the  Council  when 
presided  over  by  the  Senior  Member. 

ETJLES   OF   DEBATE. 

II.  Every  Councillor  desiring  to  speak  is  to  do  it  from  his 
place  and  address  himself  to  the  President  or  the  Honble.  Mem- 
bers of  the  Council. 

12.  All  personal,  sharp  or  taxing  speeches  are  forbidden, 
and  any  Councillor  conceiving  himself  offended,  or  injured  in 
the  Council  is  to  appeal  to  the  Council  for  redress. 

13-  Any  Councillor  having  used  objectionable  words  and 
not  explaining,  or  retracting  the  same,  or  offering  apologies  for 
the  use  thereof,  to  the  satisfaction  of  the  Council  shall  be  cen- 
sured or  otherwise  dealt  with  as  the  Council  think  fit. 

14.  The  Council  shall  interfere  to  prevent  the  prosecution 
of  any  quarrel  between  Councillors  arising  out  of  Debates  or 
proceedings  of  the  Council  or  any  Committee  thereof. 

15.  A  Councillor  may  speak  to  any  question  before  the 
Council  as  long  as  the  same  has  not  been  put  by  the  President 
and  the  voices  have  not  been  given  in  the  negative  or  affirmative 
thereon. 


PIOXEER    LEGISLATION  1041 

16.  In  voting,  the  contents  first  raise  their  right  hand  from 
their  places  and  then  the  non-contents  and  the  division  is  then 
entered  upon  the  Minutes  as  it  stands. 

MOTIONS. 

All  motions  shall  be  in  writing  and  seconded  before  being 
debated  or  put  from  the  chair- 

PRIVILEGE. 

Whenever  any  matter  of  privilege  arises  it  shall  be  taken 
into  consideration  immediately  . 

BILLS. 

Every  Bill  shall  receive  three  several  readings  previously 
to  being  passed. 

COMMITTEES. 

Standing  Committees  may  be  appointed  at  the  Session  in 
June  in  each  year;  of  the  number  of  Members  appointed  to 
compose  a  Committee  a  majority  of  the  same  shall  form  a 
quorum,  imless  the  Council  has  otherwise  ordered. 

In  all  unprovided  cases  the  Rules  Usages  and  Forms  of  the 
Commons  of  Canada  shall  be  followed. 

An  address  from  the  Metis  of  Qu'Appelle  to  the  Lieutenant 
Governor  asking  for  regulations  as  to  hunting  being  read, 

It  was  then  moved  by  Honble.  Mr.  Bannatyne,  seconded  by 
Honble.  Mr.  Fraser,  and 

Besolred,  That  a  Committee  to  take  into  consideration  and 
report  at  the  next  Session  on  the  best  mode  of  regulating  the 
hunting  of  the  Buffalo  in  the  l^orth  West  Territories  be  formed, 
composed  of  the  following  members :  Honble.  Messrs.  McKay, 
Boyd,  Breland,  Hamilton,  Delorme. 

Moved  by  Honble.  Mr.  McKay 

Seconded  by  Honble.  Mr-  Kennedy,  and 

Resolved^  Whereas  the  Indians  of  Rossville^^^  and  ISTelson 
River  numbering  tw^o  hundred  families  have  sent  a  Petition  to 
His  Honor  the  Lieutenant  Governor,  pointing  out  the  destitu- 
tion to  which  they  will  be  enforced  occasioned  more  particu- 

^  Near  Norway  House  on  the  Easb  River  north  of  Lake  Winnipeg. 
28159—66 


1042  CANADIAN  ARCHIVES 

larly  at  this  time  by  the  Hudson's  Bay  Company  conveying  their 
merchandise  by  water  instead  of  as  before  by  land,  and  further 
representing  that  the  said  Indians  were  heretofore  employed 
by  the  Company  and  were  able  to  earn  sufficient  wages  to  sup- 
port their  families,  and  whereas  the  said  Indians  state  that  the 
Country  is  unsuitable  for  cultivation  and  ask  that  a  Reserve 
may  be  granted  to  them  in  some  other  suitable  locality  to  which 
they  might  be  permitted  to  remove,  the  Council  are  desirous  of 
drawing  the  attention  of  the  Privy  Council  to  this  matter,  and 
feel  more  satisfied  in  doing  so  as  these  Indians  are  hard-work- 
ing and  desirous  of  helping  themselves. 
•    The  Council  then  adjourned. 

(Sgd.)     FRA^K  G.  BECHER, 

Acting  Cleric  of  N.  IF.  Council. 

l^ovember  23rd,  1875. 

Council  met  at  11  o'clock  A.M.  His  Honor  the  Lieutenant 
Governor  presiding. 

Present 

Honble.  Messrs.  Girard,  McKay,  Breland,  Bown,  Dubuc, 
Eraser,  Bannatyne,  Tait,  Kennedy,  Delorme  and  McTavish. 

The  Lieutenant  Governor  addressed  the  Council  as  follows : 
"  Gentlemen, — 

I  have  now  to  address  you  in  compliance  with  the  Rules 
you  have  adopted  for  the  regulation  of  the  Proceedings  of  the 
Council- 

You  met,  for  the  first  time  after  the  formation  of  the  Coun- 
cil, on  the  8th  of  March  1873  when  I  thus  addressed  you: 

I  have  much  pleasure  in  calling  you  around  me  to  assist  me 
in  the  Administrationof  the  affairs  of  the  ITorth-West  Terri- 
tories. The  duties  which  devolve  upon  you  are  of  a  highly 
important  character.  A  Country  of  vast  extent,  which  is  pos- 
sessed of  abimdant  resources  is  entrusted  to  your  keeping,  a 
Country  which  though,  at  present,  but  sparsely  settled,  is 
destined,  I  believe,  to  become  the  home  of  thousands  of  per- 
sons, by  means  of  whose  industry  and  energy  that  which  is  now 
almost  a  wilderness  will  be  quickly  transformed  into  a  fruitful 
land  where  civilization  and  the  Arts  of  Peace  will  flourish.  It 
is  for  us  to  labor  to  the  utmost  of  our  power  in  order  to  bring 


~     "^  PIONEER    LEGISLATION  1043 

about,  as  speedily  as  possible  the  Settlement  of  the  ISTorth-West 
Territories,  and  the  development  of  their  resources,  and  at  the 
same  time  to  adopt  such  measures  as  may  be  necessary  to  insure 
the  maintenance  of  Peace  and  Order,  and  the  welfare  -and  hap- 
piness of  all  classes  of  Her  Majesty's  subjects,  resident  in  the 
Territories." 

In  again  assembling  you  to  meet  in  what  may  prove  to  be 
the  last,  or  nearly  the  last  Meeting  of  the  present  Council,  I 
have  quoted  these  words  for  the  purpose  of  congratulating  you 
on  the  efforts  you  made  to  carry  into  effect  the  objects  which 
I  placed  before  you  at  your  first  meeting.  Before  proceeding 
to  the  ordinary  work  of  the  Session,  I,  therefore,  think  this  a 
fitting  occasion  to  review  the  work  the  Council  has  accomplish- 
ed, and  to  place  on  record  the  results  of  its  legislation  and  of 
its  suggestions.  The  Present  Council  are  now  only  acting 
provisionally,  and  a  new  Council  is  to  be  organized,'^'  partly 
nominated  by  the  Crown,  and  partly  elected  by  the  people, 
witb'"^  the  view  of  exercising  its  functions  under  the  presidency 
of  a  resident*^'  Governor  within  the  Territories  themselves.  I 
am  confident  that  the  Council  will  take  up  the  work  you  began 
and  have  so  zealously  endeavoured  to  carry  out,  and  I  trust 
that  they  will  prove  successful  in  their  efforts  to  develop  the 
Territories  and  attract  to  them  a  large  population. 

Though  you  had  many  difficulties  to  contend  with,  you  sur- 
mounted most  of  them  and  will  have  the  gratification  of  know- 
ing that  you  in  a  large  measure  contributed  to  shape  the  policy, 
which  will  prevail  in  the  Government  of  the  Territories,  and  the 
administration  of  its  affairs. 

At  your  first  Meeting,  you  passed  an  Act  to  prohibit,  ex- 
cept under  certain  restrictions,  the  importation  of  spirituous 
liquors  into  the  Territories,  and  the  Parliament  of  the  Domin- 
ion ha=?  since  adopted  your  views,  and  given  effect  to  them  by 
the  passing  of  a  law  of  a  similar  import  to  that  vou  formed. 

I  am  glad  to  say  that  this  measure  has  proved  effective,  and 
will,  I  believe,  contribute  lara:elv  to  the  promotion  of  the  well 
beins:  of  the  population  of  the  Territories,  and  to  the  preven- 

*Tlie  North  West  Territories  Act,  1875,  was  not  actually  put  into  force 
by  proclamation   till   October  7,  1876. 

*  Electoral  dit^tricts  could  be  erected  by  proclamation  so  soon  as  1.000 
inhabitants  of  adult  a<je  were  found  in  an  area  of  1  000  sq.  miles.  Chief 
Factor  Lawrence  Clarke  of  Carleton  was  elected  in  1881  for  Lome,  about 
Prince  Albert. 

'The  first  resident  Lieutenant  Governor  was  Hon.  David  Laird,  then 
Minister   of   the   Interior. 
28159— 66i 


1044  CANADIAN  ARCHIVES 

tion  of  disorder  and  crime.  You  also  made  provision  for  the 
appointment  of  Justices  of  the  Peace,  and  in  connection  there- 
with you  represented  to  the  Government  of  the  Dominion  that 
the  Criminal  Laws  of  the  Dominion  should  be  extended  to  the 
Territories  and  that  a  Mounted  Police  Force  under  Military 
Discipline,  should  be  established  in  the  Territories  for  the 
maintenance  of  order  therein,  and  the  enforcement  of  the  laws. 
You  have  had  the  satisfaction  of  seeing  these  suggestions  adopt- 
ed, and  of  knowing  that  the  Police  Force,  which  you  proposed 
Las  proved,  and  is  proving,  of  the  greatest  service  in  the  Terri- 
tories. 

Such  were  some  of  the  results  of  your  first  meeting,  and 
your  subsequent  Sessions  were  not  unproductive  of  good.  I 
will  only  mention,  generally,  some  of  the  more  important  sub- 
jects you  dealt  with. 

You  were  and  are  of  opinion  that  the  Militia  Battalion  in 
Manitoba  should  be  maintained  and  should  be  so  increased 
that  an  effective  force  should  be  available  in  the  Territories. 

You  proposed  that  treaties  should  be  made  with  the  In- 
dians of  the  Plains  at  Forts  Carlton,  Pitt  and  Qu'Appelle,  and 
you  suggested  that  schools  should  be  provided  for,  that  agri- 
cultural implements  and  cattle  should  be  given  to  the  Indians, 
and  that  teachers  should  be  furnished  to  teach  them  the  arts  of 
Agriculture. 

You  have  seen  a  Treaty  concluded  at  Qu'Appelle,  and  I  am 
glad  to  inform  you  that  Treaties  will  be  made  next  year  at  the 
other  points  indicated. 

You  urged  that  Stipendiary  Magistrates  should  be  appoint- 
ed, resident  in  various  portions  of  the  Territory,  clothed  with 
powers  to  deal  with  certain  classes  of  Criminal  offenses  and  al- 
so with  a  limited  jurisdiction  as  regards  Civil  causes,  and  that 
a  resident  Judge,  with  Queen's  Bench  powers,  should  be  ap- 
pointed to  deal  with  graver  matters,  with  an  Appeal  to  the 
Courts  of  Queen's  Bench,  in  the  Province  of  Manitoba,  in  cer- 
tain cases. 

Your  recommendation  as  to  Magistrates  has  been  adopted 
by  the  Dominion,  and  though  power  has  been  given  to  the 
Judges  of  the  Court  of  Queen's  Bench  of  Manitoba,  to  hold 
Courts  in  the  Territories,  this  can  only  be  regarded  as  a  pro- 
visional measure,  so  that  I  doubt  not  your  proposal  will  be 
eventually  carried  into  effect. 

You  called  attention  to  the  necessity  of  steps  being  taken 
to  punish  the  actors  in  the  Cypress  Hills  tragedy,  and  your  re- 


PIONEEE    LEGISLATIOiSr  1045 

commend atiori  has  been  acted  on  by  the  Privy  Council,  with 
the  best  effect,  as  regard  the  Indian  population. 

You  proposed  that  a  monthly  mail  should  be  established,  be- 
tween Fort  Garry  and  Fort  Edmonton,  for  the  convenience  of 
the  Public,  and  it  is  to  be  hoped  that  the  private  mail  now  car- 
ried for  the  use  of  the  Police,  and  the  Pacific  Railway  Service, 
may  prove  the  precursor  of  a  much  needed  boon  to  the  people 
of  the  North  West. 

You  asked  that  a  reserve  should  be  granted  to  the  Norway 
House  Indians,  who  had  been  deprived  of  their  means  of  liveli- 
hood by  the  introduction  of  steam  navigation  and  your  request 
has,  during  the  past  Season,  been  granted. 

You  urged  that  measures  should  be  adopted  to  collect  Cus- 
toms duties  in  the  region  of  the  west,  known  as  the  Belly  and 
Eow  River'^'Country,  and  your  representations  were  complied 
with. 

You  passed  laws  for  the  appointment  of  Coroners,  for  caring 
for  Orphan  Children,  for  regulating  the  relations  of  "Masters 
and  Servants"  for  the  prohibition  of  the  importation  of  poi- 
sons in  the  Territories,  and  of  their  use  in  hunting  game. 

You  asked  that  the  existing  highways,  portages  and  water- 
ing places,  in  the  Territories,  should  be  set  apart  for  public 
use,  and  that  as  soon  as  the  Treaties  Avith  the  Indians  were  com- 
pleted, surveys  should  be  made  of  the  lands  where  Settlements 
had  taken  place,  and  some  of  these  subjects  have  been  dealt 
with  by  the  Privy  Coimcil,  but  others  still  remain  for  their 
action.  Such,  then,  is  a  brief  review  of  the  work  that  you 
have  accomplished,  and  I  can  safely  tell  you,  that  you  have 
reason  to  be  well  satisfied  w^ith  the  results  of  your  executive 
and  legislative  action,  for,  during  your  regime,  most  import- 
ant steps  have  been  taken  towards  the  establishment  of  law  and 
order  in  the  Territories  and  towards  the  creation  of  respect 
amongst  the  people,  for  the  authority  of  the  Crown. 

The  foundation  has  now  been  laid  for  peace,  security,  the 
advancement  of  the  Settlement  of  the  vast  region  you  have 
ruled  over,  and  for  the  securing  of  the  goodwill  of  the  Indian 
Tribes,  and  I  can  only  express  my  confident  trust  that  those 
who  follow  you  will  rear,  wisely  and  well,  a  noble  superstruc- 
ture on  the  basis  that  you  have  established. 

^  Begg,  History  of  the  North  West,  II.  237, — "The  American  outlaws 
had  so  increased  in  strength  and  aiidacity  in  the  Territories,  that  they 
had  establiehed  no  less  than  ten  fonts  at  different  points  on  the  St.  Mary 
Belly.  Bow,  and  Red  Deer  rivers.  At  these  forts,  the  Indians  assembled 
to  trade  their  buffalo  robes  for  whiskey  and  the  scenes  enacted  were 
terrible." 


1046  CANADIAN    AECHIVES 

I  will  now,  in  conclusion,  ask  you  to  enter  upon  the  ordin- 
ary work  of  the  Session,  and  will  suggest  that  you  should,  be- 
fore you  separate,  lay  down  some  mode  of  dealing  with  a  sub- 
ject which  is  of  the  utmost  importance,  as  respects  the  relation? 
of  the  Government  of  the  Queen  with  the  Indian  Tribes,  and 
a*;  legards  their  means  of  livelihood,  while  tliey  are  passing 
through  the  transition  process  of  being  prepared  to  earn  a 
living  from  the  soil.  I  mean  the  regulation  of  the  buffalo 
hunt,  in  such  a  way  as  to  prolong  the  subsistence  afforded  to 
the  native  Tribes,  by  the  wild  cattle  of  the  North  West,  and 
thu?,  to  give  time  for  their  gradual  civilization  and  ac3ust/)m- 
ment  to  practise  the  arts  of  agriculture.  I  would  also  suggest 
that  you  should  adopt  measures  to  prevent  the  spread  of  prcnirie 
iiud  forest  fires. 

You  wil]  now  proceed  to  the  discharge  of  your  duties,  and 
T  iim  confident  that  harmony  will  prevail  amongst  you,  and 
that  you  will  exhibit  the  same  desire  to  advance  the  best  in- 
terests of  the  Dominion,  which  has  hitherto  actuated  you. 

Moved  by  the  Honble.  Mr.  Girard,  seconded  by  the  Honble. 
Mr.  Dubuc,  and 

Resolved, — That  a  Committee  be  struck  to  draw  up  a  reply 
to  the  address  in  conformity  with  the  Rules  adopted  at  the  last 
Meeting  composed  of  the  following  Members: — Honorable 
Messrs.  Girard,  Bown,  Bannatyne,  Dubuc,  Kennedy. 

Honorable  Mr.  McKay  as  Chairman  of  the  Committee 
appointed  at  the  last  Meeting  to  report  on  the  best  mode  of  re- 
gulating the  hunting  the  buffalo,  presented  the  report  which 
was  read  and  is  as  follows: 

The  undersigned  has  the  honor  to  report  that  as  Chairman 
of  the  Committee  struck  at  the  last  Session  of  the  North  West 
Council  to  consider  and  report  on  the  best  mode  of  regulating 
the  hunting  of  the  buffalo  in  the  North  West  Territories  of  the 
Dominion  of  Canada,  he  did  not,  on  hearing  that  a  new  Coun- 
cil was  to  be  appointed,  summon  the  Committee  to  meet  for 
the  purpose  of  framing  Rules ;  but  since  being  notified  of  this 
special  Session,  the  Committee  has  taken  the  matter  under  con- 
sideration and  beg  respectfully  to  submit  the  following  sug- 
gestions for  the  attention  of  the  Council. 

1.  No  Buffalo  shall  be  hunted  or  killed  between  the  first  of 
J  anuary  and  the  first  day  of  June. 

2.  ^^'No  pound  or  similar  contrivance  shall  at  any  time  be 
formed  or  used  for  the  capture  of  the  Buffalo. 

'  Th«  Poand  was  the  old  Indian  method  of  hunting.  The  Half-breeds 
organized  the  elaborate  buffalo  hunt  with  its  officers  and  laws.  See  Ross' 
Bed  River  Settlement,  Ch.  XVIIl. 


PIONEEE    LEGISLATION  1047 

3.  It  shall  be  unlawful  to  kill  any  Buffalo  under  the  age  of 
two  years. 

4.  The  period  at  which  the  hunting  parties  shall,  within, 
the  region  thus  defined,  that  is  to  say: — All  the  country  bound- 
ed on  the  North  by  the  ISTorth  Branch  of  the  Saskatchewan 
fifty  miles  west  of  Fort  Edmonton,  thence  due  South  to  the 
junction  of  the  Bow  and  Belly  Rivers,  thence  due  South  to  the 
International  Boundary,  including  all  the  Country  Eastward- 
start  for  the  hunt,  shall  from  time  to  time  be  fixed  by  the  North 
West  Council. 

5.  The  Committee  further  suggest  that  during  the  close 
Season  the  Dominion  Government  make  some  provision  for 
the  maintenance  of  the  Indians  in  the  aforesaid  District  by 
supplying  them  with  necessary  food  or  other  aid  in  conformity 
with  Treaty  Regulations. 

6.  No  small  parties  of  hunters  shall  start  for  the  buffalo 
hunt  in  advance  of  the  large  camp,  or  party  of  hunters,  but  one 
common  start  shall  be  made  in  a  body/^^ 

1.  Offenses  against  this  Act  shall  be  punished  upon  sum- 
mary conviction  on  information  or  complaint  before  a  Stipend- 
iary Magistrate  or  Justice  of  the  Peace  as  follows  with  costs 
a  fine  in  a  sum  not  exceeding  one  hundred  dollars  nor  less  than 
twenty-five  dollars  for  each  offence,  and  in  default  of  the  pay- 
ment, it  shall  be  lawful  to  levy  a  fine  equivalent  to  the  afore- 
said amount  on  the  goods  and  chattels  of  the  offender,  or  offen- 
ders. 

In  any  prosecution  under  the  provisions  of  this  Act  where 
by  the  conviction  of  the  offender,  or  offenders,  is  secured,  the 
informer  shall  be  entitled  to  receive  one-half  the  amount  of  the 
fine  imposed. 

Moved  by  Honble.  Mr.  Dubuc,  seconded  by  Honble. 
Mr.  Bannatyne,  and 

Resolved, — That  the  Report  be  laid  on  the  table  to  be  taken 
into  consideration  at  the  next  Meeting. 

Moved  by  Honorable.  Mr.  Dubuc,  seconded  by  Honorable 
Mr.  Bown,  and 

Resolved, — That  a  Committee  on  Private  Bills  be  appoint- 
ed composed  of  the  following  Members:  Honble.  Messrs.  Gir- 
ard,  McKay,  Eraser,  McTavi^h,  Dubuc,  Bannatyne,  Bown. 

^  Two  rules  of  the  old  buffalo  hunt  were, — "  No  party  to  fork  oS,  lag 
behind,  or  go  before,  withoiit  permission ;  No  person  or  party  to  run  bufialo 
before  the  general  order." 


1048  CANADIAN  ARCHIVES 

Honble.  Mr.  Bannatyne  presented  a  petition  from  Mr. 
Fuller,  praying  that  he  be  permitted  to  construct  and  maintain 
a  Toll  Bridge  across  the  Battle  River. 

A  Bill  founded  on  said  Petition  was  introduced  by  the 
Honble.  Mr.  Bannatyne  and  on  Motion  was  read  a  first  time 
and  referred  to  the  Committee  on  Private  Bills. 

Honble.  Mr.  Bannatyne  presented  a  Petition  from  Mr.  Ful- 
ler praying  that  he  be  allowed  to  construct  and  maintain  a 
Ferry  across  the  South  Branch  of  the  Saskatchewan.  A  Bill 
founded  on  said  Petition  was  introduced  by  the  Honble.  Mr. 
Bannatyne,  and  on  motion,  was  read  a  first  time  and  referred 
to  the  Committee  on  Private  Bills. 

Honble.  Mr.  Girard  presented  a  Petition  from  His  Lord- 
ship the  Bishop  of  St.  Albert  and  Mr.  Hardistv,  praying  that 
they  be  allowed  to  charo-e  toll  for  crossing  the  Sturgeon  River 
on  the  Bridge  they  have'^^  constructed.  A  Bill  founded  on  said 
Petition  was  introduced  by  the  Honble.  Mr.  Girard  and  on 
motion  was  read  a  first  time  and  referred  to  the  Committee  on 
Private  Bills. 

Honble-  Mr.  Dubuc  presented  a  Petition  from  Joseph  and 
Francois  Lamoureux  praying  that  they  be  allowed  to  construct 
and  maintain  a  Ferry  across  the  ISTorth  Saskatchewan,  fifteen 
miles  below  Fort  Edmonton.  A  Bill  founded  on  said  Petition 
was  introduced  by  the  Honble.  Mr.  Dubuc,  and,  on  motion  was 
read  a  first  time,  and  referred  to  the  Committee  on  Private 
Bills. 

Honble.  Mr.  Dubuc  asked  to  be  allowed  to  present  a  Bill 
entitled  "An  Act  for  the  prevention  of  Prairie  and  Forest 
fires  in  the  l^orth  West  Territories  of  the  Dominion  of  Can- 
ada." The  Bill  was  received  and  referred  to  the  Committee 
on  Private  Bills. 

Moved  by  the  Honble.  Mr.  Dubuc,  seconded  by  Honble. 
Mr.  Bannatyne,  and 

Resolved, — -That  this  Bill  be  read  first  time  and  stand  for 
the  second  reading  at  the  next  Meeting. 

Honble.  Mr.  Girard  asked  that  the  Bill  to  incorporate  the 
Reverends  Peres  Oblats  be  read  a  second  time,  the  Council  re- 
solved to  go  into  a  Committee  of  the  whole  on  the  said  Bill  at 
the  next  sitting. 

Council  then  adjourned  until  two  o'clock  P.  M.  of  the  fol- 
lowing day,  l^ovember  24th,  18Y5. 

*  This  brigade  was  built  in  1862  by  Father  Lacombe.  See  Katherine 
Hughes,  Father   Lacombe.   the  Black   Robe  Voyageur,   p.  86. 


PIONEER    LEGISLATION  1049 

November  24th,  1875. 

Council  met  at  two  o'clock  P.  M.,  His  Honor  the  Lieut. - 
Governor  presiding, 

Present 

Honble.  Messrs.  Breland,  Girard,  Dubec,  Tait,  Delorme, 
Bannatjne,  Fraser,  Kennedy,  Bown,  McTavish,  Schultz,  Me- 
Kay. 

Honble.  Mr.  Girard  Chairman  of  the  Committee  struck  at 
the  last  Meeting  to  prepare  a  reply  to  the  address,  read  the 
following : 

To  His  Excellency  the  Honorable  Alexander  Morris, 
Lieutenant-Governor  of  the  North  West  Territories. 

May  it  please  Your  Excellency; 

We,  Her  Majesty's  dutiful  and  loyal  subjects  the  Members 
of  the  North  West  Council,  cordially  thank  you  for  your 
Speech  at  the  opening  of  this  Session. 

We  have  endeavored  to  the  fullest  extent,  to  bear  in  mind 
the  words  and  advice  of  Your  Excellency  on  the  occasion  of 
our  first  Meeting  as  Councillors. 

The  duties  we  were  then  and  since  have  been  called  upon 
to  discharge  were  of  a  highly  important  character. 

A  Country  of  vast  extent,  }X)ssessed  of  abundant  resources, 
was  entrusted  to  our  Government,  which,  though,  now  but 
sparsely  settled,  is,  we  believe,  destined  to  become  the  home 
of  many  thousands  of  different  nationalities  by  means  of  whose 
industry  and  energy  what  is  now  a  vast  uncultivated  wilderness 
will  be  speedily  transformed  into  a  fruitful  and  productive 
region  where  civilization  and  industry  will  prevail. 

We  have,  as  a  Council,  laboured  with  one  mind  and  to  the 
utmost  of  our  powers  to  establish  as  rapidly  as  possible  the  peo- 
pling of  the  North  West  Territories  and  the  development  of  its 
present  resources,  and  have  adopted  such  measures  as  we 
thought  would  be  most  beneficial  for  maintenance  of  Peace 
and  Harmony  amongst  all  races  residing  therein. 

It  is  with  feelings  of  no  little  satisfaction  that  we  have 
heard  from  Your  Excellency  your  approval  of  the  efforts  we 
have  made  to  discharge  the  duties  entrusted  to  us,  more  so  as 
you  have  pointed  out  the  many  benefits  arising  out  of  our  leg- 
islation and  suggestions  which  have  been  adopted  in  the  North 
West  Territories  by  the  Dominion  Government. 

We  feel  confident  that  our  successors  about  to  be  appointed 
imder  an  Act  of  last  Session  of  the  Dominion  Parliament,  will 


1050  CANADIAN  AECHIVES 

with  cordiality  take  up  the  work  we  have  begun,  and,  favored 
by  prompt  effect  given  to  their  proceedings  will  have  every 
success  in  developing  the  Territories  and  promoting  the  hap- 
piness and  welfare  of  its  population. 

We  are  instigated  by  natural  feelings  of  pride  when  we 
look  back  at  the  many  difficulties  we  have  had  to  contend  with 
and  have  been  able  to  surmount  and  it  will  be  ever  before  us 
that  we  were  called  upon  to  lay  the  foundation  stone  of  the 
policy  which  we  feel  certain  will  prevail  in  the  Government 
and  administration  of  the  Territories- 

Your  Excellency  has  congratulated  us  on  the  results  of  our 
executive  and  legislative  action  during  our  short  lived  rule, 
and  we  heartily  agree  with  you  that  very  manv  important 
steps  have  been  taken  towards  the  creation  of  a  wholesome  re- 
spect for  the  law  and  the  authority  of  the  Crown  in  the  Terri- 
tories. 

We  perceived  with  pleasure  the  conclusion  of  the  Treaties 
entered  into  with  Her  Majesty's  Indian  subjects  in  the 
ISTorth  West  Territories,  and  feel  assured  that  they  will  con- 
tribute to  the  civilization  and  benefit  of  the  Indians. 

We  heartily  thank  Your  Excellency  for  the  kindly  feelings 
you  have  expresised  towards  us,  and  cannot  allow  this  befitting 
opportunity  to  pass,  without  expressing  our  cordial  feelings  of 
gratitude  for  the  valuable  assistance  you  have  at  all  times  rend- 
ered to  us  in  the  performance  of  our  duties,  and  it  shall  be  our 
aim  to  make  the  result  of  our  labors  of  this  Session  such  as  we 
can  look  back  to  with  pride  and  satisfaction. 

And  now  bearing  in  mind  that  this  may  prove  to  be  the 
last  Meeting  of  the  Council,  as  at  present  organized,  we  desire 
to  take  this  opportunity  of  assuring  Your  Excellency  that  we 
entered  upon  the  duties  of  our  office  animated  by  sentiments 
of  loyalty  to  our  Queen,  and  desirous  of  doing  all  in  our  power 
to  advance  the  best  interests  of  the  Dominion,  and  that  when 
we  retire  from  the  Council,  we  will  continue  in  whatever 
sphere  in  life  we  may  occupy,  to  be  actuated  by  the  same  feel- 
ings of  warm  attachment  to  the  Sovereign,  and  loyal  devotion 
to  our  Country. 

Moved  by  the  Honble.  Mr.  Girard,  seconded  by  the  Honble. 
Mr.  Kennedy,  and 

Resolved,  That  the  reply  to  the  address  be  adopted. 

Moved  by  the  Honble.  Mr.  Bannatyne,  seconded  by  the 
Honble.  Mr-  Dubuc,  and 

Resolved,  That  the  address  and  reply  be  printed  for  the  use 
of  the  Members  of  the  Council. 


PIONEEK    LEGISLATION  1051 

Moved  by  the  Honble.  Mr.  McKay,  seconded  by  tbe 
Honble.  Mr.  Bannatyne,  and 

Resolved,  That  the  report  of  the  Committee  for  the  best 
mode  of  regulating  the  Buffalo  hunt  be  adopted  and  that  the 
Committee  be  continued  and  requested  to  make  a  further  re- 
port at  the  next  Session  of  the  Council. 

Honble.  Mr.  Girard  Chairman  of  the  Committee  on  Pri- 
vate Bills  presented  a  Report  of  the  Committee  on  the  follow- 
ing Bills  with  amendments — 

1st.  An  Act  to  authorize  Richard  Fuller  to  build  and  main- 
tain a  Toll  Bridge  over  Battle  iRiver  in  the  ISTorth  West  Terri- 
tories. 

2nd.  An  Act  to  authorize  Richard  Fuller  to  build  and 
maintain  a  Toll  Ferry  over  the  South  Branch  of  the  South 
Saskatchewan  River  in  the  North  West  Territories. 

3rd.  An  Act  to  authorize  the  collection  of  tolls  by  the 
owners  of  a  Bridge  constructed  over  the  Sturgeon  River  in 
the  North  West  Territories. 

4.  An  Act  to  authorize  Joseph  and  Francois  Lamoureux 
to  establish  and  maintain  a  Toll  Ferry  over  the  River  Sas- 
katchewan in  the  North  West  Territories- 

5th.  An  Act  for  the  prevention  of  prairie  and  forest  fires 
in  the  North  West  Territories  of  the  Dominion  of  Canada. 

On  the  motion  of  the  Honble.  Mr.  Bannatyne  the  Bill 
entitled  an  Act  to  authorize  Richard  Fuller  to  build  and  main- 
tain a  Toll  Bridge  over  Battle  River  South  of  the  North  Sas- 
katchewan River  in  the  North  West  Territories  was  read  a 
second  time  and  the  Council  resolved  itself  into  a  Committee 
of  the  whole  to  take  it  into  consideration. 

The  Committee  having  reported  the  Bill  with  certain 
amendments,  the  report  and  amendments  were  adopted  and  the 
Bill  ordered  to  be  read  a  third  time  at  the  next  Meeting. 

On  the  motion  of  the  Honorable  Mr.  Bannatyne,  the  Bill 
entitled  "  An  Act  to  authorize  Richard  Fuller  to  build  and 
maintain  a  Toll  Ferry  over  the  South  Branch  of  the  South 
Saskatchewan  in  the  North  West  Territories"  was  read  a  second 
time,  and  the  Council  resolved  itself  into  a  Committee  of  the 
whole  to  take  it  into  consideration. 

The  Committee  having  reported  the  Bill  with  certain 
amendments,  the  report  and  amendments  were  adopted,  and  the 
Bill  was  ordered  to  be  read  a  third  time  at  the  next  Meeting- 

On  the  Motion  of  Honble.  M.  Girard, 


1052  CANADIAN    ARCHIVES 

The  Bill  entitled  "  An  Act  to  authorize  the  collection  by 
the  owners  of  a  bridge  constructed  on  the  Sturgeon  River 
in  the  North  West  Territories  "  was  read  a  second  time,  and 
the  Council  resolved  itself  into  a  Committee  of  the  whole  to 
take  it  into  consideration. 

The  Committee  having  reported  the  Bill  with  certain 
amendments,  the  Report  and  amendments  were  adopted,  and 
the  Bill  was  ordered  to  be  read  a  third  time  at  the  next 
Meeting. 

On  the  Motion  of  Honble.  Mr.  Dubuc, 

The  Bill  entitled  "  An  Act  to  authorize  Joseph  and 
Francois  Lamoureux  to  establish  and  maintain  a  Toll  Ferry 
over  the  River  Saskatchewan  in  the  ITorth  West  Territories" 
was  read  a  second  time,  and  the  Council  resolved  itself  into 
a  Committee  of  the  whole  to  take  it  into  consideration. 

The  Committee  having  reported  the  Bill  with  certain 
Amendments,  the  Report  and  Amendments  were  adopted  and 
the  Bill  was  ordered  to  be  read  a  third  time  at  the  next 
Meeting- 

Hon.  Mr.  Dubuc  asked  leave  to  present  a  Petition  from 
George  McKay,  praying  that  he  be  allowed  to  construct  and 
maintain  a  Ferry  on  the  South  Saskatchewan  and  be  permitted 
to  charge  tolls  on  the  same, — the  Petition  was  received. 

A  Bill  founded  on  said  Petition  was  introduced  by  the 
Honble.  Mr.  Dubuc  and  on  motion  was  read  a  first  time  and 
referred  to  the  Committee  on  Private  Bills. 

Honble.  Mr.  Dubuc  asked  permission  to  introduce  a  Bill 
entitled  "  An  Act  respecting  the  granting  of  Licenses  for 
Bridges  and  Ferries  in  the  ISTorth  Wefet  Territories."- — On 
Motion  the  Bill  was  read  a  first  time  and  referred  to  the  Com- 
mittee of  Private  Bills. 

Hon.  Mr.  Dubuc  asked  permission  to  introduce  a  Bill 
entitled  "  An  Act  for  the  prevention  of  Prairie  and  Forest 
Fires  in  the  l^orth  West  Territories." — The  Bill  was  received 
and  on  motion  -was  read  a  first  time — 

Moved  by  the  Honble.  Mr.  Schultz,  seconded  by  the  Hon. 
Mr.  Kennedy,  and 

Resolved,  That  the  Bill  entitled  "  An  Act  respecting  the 
granting  of  Licenses  for  Bridoes  and  Ferries  in  the  North 
West  Territories  "  and  the  Bill  entitled  "  An  Act  to  prevent 
Forest  and  Prairie  Fires  "  be  printed  before  the  next  Meeting- 

Council  then  adjourned  until  two  o'clock  P.M.  of  the  follow- 
ins;  clay,  November  25th.  18Y5. 


PIONEER    LEGISLATION  1053 

November  25th.  1875- 

Council  met  at  two  o'clock  P.M.  His  Honor  the  Lieutenant 
Governor  presiding — 

Present  : 

Plonble.  Messrs.  Schultz,  Kennedy,  McKay,  Girard,  Dubuc, 
Bowii,  Eraser,  Bannatyne,  Tait,  McTavish. 

A  letter  from  Mr.  Luxton,  Editor  of  the  "  Eree  Press  " 
requesting  that  he  be  allowed  to  send  a  reporter  to  be  present 
at  the  Legislative  Meetings  of  the  Council  was  read. — After 
soHiO  discussion,  the  Clerk  was  ordered  to  transmit  the  follow- 
ing letter  in  reply: — 

January  26th,  1876. 
SiR^ — 

I  am  in  receipt  of  your  letter  of  the  25th  instant,  which 
reached  me  after  the  Council  had  been  in  Session  for  two 
days,  requesting  to  be  permitted  to  attend  the  Legislative  Ses- 
jsion  of  the  iJ^orth  West  Council  as  reporter  for  the  "  Free 
Press"  newspaper,  and  in  reply,  I  have  been  directed  by  the 
Council  to  inform  you  that  hitherto,  no  distinction  has  been 
made  by  the  Council  in  disposing  of  Executive  and  Legisla- 
tive business,  but  both  have  been  taken  up  at  the  same  time. 

Should  the  Council  continue  in  office  for  any  length  of  time, 
they  would  contemplate  holding  distinct  Executive  and  Leg- 
islative Sessions,  and  in  that  event,  they  would  be  disposed  to 
regard  favorably  the  admission  of  the  Reporters  of  the  Press 
generally  to  their  Legislative  Sessions,  especially  if  provided 
with  a  room  of  sufficient  extent,  to  afford  the  necessary  accom- 
modation to  representatives  of  the  Press — 

The  apartment  at  present  used  being  inconveniently  small 
for  the  reception  of  their  own  Members. 

I  have  the  honor  to  be.   Sir, 

Your  obedient  servant, 

(Sgd.)     FRANK  G.  BECHER, 

A.  C.  N.  W.  CP 
E.  Luxton,  Esq., 

Editor  Free  Press, 
Winnipeg. 
*  Actins?  Clerk   of   the   North   West  Council. 


1054  CANADIAN  ARCHIVES 

On  motion  of  Honble.  Mr.  Bannatyne,  seconded  by  the 
Honble.  Mr.  Dubuc, 

Resolved, — The  Bill  entitled  "An  Act  to  authorize  Rich- 
ard Fuller  to  build  and  maintain  a  Toll  Ferry  over  the  South 
Branch  of  the  South  Saskatchewan  River  in  the  I^orth  West 
Territories  was  read  a  third  time  and  passed -^ under  the  title 
"An  Act  to  authorize  Richard  Fuller  to  build  and  maintain 
a  Toll  Ferry  over  the  South  Branch  of  the  South  Saskatchewan 
River  in  the  North  West  Territories" — Said  Act  being  as  fol- 
lows : 

"An  Act  to  authorize  Richard  Fuller  to  build  and  maintain 
a  Toll  Ferry  over  the  South  Branch  of  the  South  Saskatchewan 
River  in  the  North  West  Territories. 

Whereas  the  construction  of  a  Toll  Ferry  over  the  said 
River,  a  navigable  stream,  the  said  Ferry  being  situated  at  or 
near  the^^^  place  where  the  present  telegraph  line  crosses  the 
said  River, 

Will  greatly  tend  to  promote  the  welfare  and  intercourse 
of  Settlers,  Travellers,  and  others  in  the  locality  aforesaid, 
and  whereas  Richard  Fuller,  of  the  City  of  Winnipeg,  Pro- 
vince of  Manitoba,  Contractor,  desires  to  be  authorized  to  con- 
struct, repair  and  maintain  a  Toll  Ferry  over  the  said  South 
Branch  of  the  Saskatchewan  River, — enacts  as  follows: 

1.  The  said  Richard  Fuller  is  hereby  authorized  to  build, 
repair  and  maintain,  at  his  own  cost  and  expense,  a  good  and 
substantial  Ferry  over  the  said  South  Branch  of  the  Saskat- 
chewan in  the  locality  aforesaid,  said  Ferry  to  be  completed 
before  the  31st  December,  1876. 

And  to  have  Toll  houses  and  also  to  do  and  execute  all  such 
other  matters  and  things  as  shall  be  necessary  and  useful  or 
advantageous  for  executing  and  constructing,  keeping  up  and 
maintaining  the  said  Ferry  houses,  ropes  and  approaches,  and 
other  dependencies  according  to  the  true  intent  and  meaning 
of  this  Act. 

2.  During  the  continuance  of  the  privileges  by  this  Act 
conferred,  it  shall  be  lawful  for  the  said  Richard  Fuller  to  ask, 
demand,  receive,  take,  sue  for,  recover,  to  and  for  his  own  pro- 
per use,  benefit  and  behalf,  for  Ferriage  as  or  in  the  name  of 
Toll  or  Duty  before  any  passage  over  the  said  Ferry,  shall  be 
permitted,  or  after  such  passage,  the  several  sums  following 

^that  is  to  say: — 

*  Near  Clarkboro  nojrth  of  Saskatoon. 


PIONEER    LEGISLATION  1055 

For  every  vehicle  drawn  by  one  horse  or  ox....  20  cents. 
"        "       vehicle   drawn   by  two   horses   or   two 

oxen    30  " 

"        "       vehicle     drawn    by     more    than     two 

horses  or  two  oxen 50  " 

"        "       horse,  ox  or  cow   10  " 

"       "       sheeo,  hog:,  calf  or  colt 8  " 

"        "       horse  with  its  rider 20  " 

"        "       foot    passenger    8  " 

"    all  articles  or  Roods  without  a  vehicle  over 

100  lbs.,  per  100  lbs 2  " 

3.  It  shall  be  lawful  for  the  said  Richard  Fuller  to  dimin- 
ish the  said  tolls  or  any  of  them,  and  then  afterwards,  if  he 
sees  fit,  to  augment  the  same  or  any  of  them,  so  as  not  to  exceed 
in  any  case  the  rates  by  this  Act  authorized  to  be  taken  and  he 
ehall  affix  in  some  conspicuous  place  at  or  near  the  said  Ferry, 
or  upon  the  said  Ferry,  a  table  of  the  rates  payable  for  passing 
over  the  said  Ferry  and  so  often  as  such  rates  may  be  dimin- 
ished or  augmented  he  shall  cause  such  alteration  to  be  affixed 
in  manner  aforesaid. 

4.  If  any  person  shall  forcibly  pass  over  or  upon  said 
Ferry  without  paying  the  said  Toll  or  any  part  thereof,  or 
shall  interrupt  or  disturb  the  said  Richard  Fuller,  or  any  per- 
son or  persons  employed  by  him  in  building  or  repairing  the 
said  Ferry  or  any  road  or  avenue  leading  thereto,  or  in  the 
working  of  said  Ferry,  every  person  so  offending  in  each  of  the 
cases  aforesaid  shall  for  every  such  offence  forfeit  a  sum  not 
exceeding  ten  dollars  or  in  default  of  payment  be  imprisoned 
for  a  period  not  exceeding  ten  days. 

5.  At  all  times  so  long  as  the  said  Ferry  is  passable  or  open 
for  use  of  the  public,  no  person  whatsoever  shall  erect,  con- 
struct or  build  or  use  any  boats  or  rafts  of  any  description 
whatsoever  for  the  passage  of  any  person,  cattle,  or  vehicle 
whatever,  for  hire,  across  the  said  River  within  a  distance  of 
five  miles  of  the  said  Ferry,  and  any  person  who  shall  build 
any  boat  or  raft  or  use  the  same  for  ferriage  over  the  said 
River  within  the  limits  aforesaid,  or  shall  ferry  for  hire  within 
the  limits  aforesaid,  shall,  without  prejudice  to  any  proceed- 
ings which  may  be  instituted  against  him  by  the  said  Richard 
Fuller  before  any  Court  to  cause  the  said  boats,  rafts  or  Fer- 
ries to  be  destroyed  and  to  cause  his  privileges  to  be  otherwise 
respected,  pay  to  the  said  Richard  Fuller  treble  the  tolls  here- 
by imposed  for  all  persons,  cattle,  horses  and  vehicles  passing 
over  such  ferries,  boats  or  rafts  or  by  means  of  any  of  them. 

And  the  said  Richard  Fuller  to  entitle  himself  to  the  bene- 
fits and  advantages,  to  him  by  this  Act  granted,  shall  be  bound 
to  put  the  said  Ferry  into  a  good  and  safe  condition  for  the 


1056  CANADIAN    AKCKIVES 

pn-sago  of  Traders,  Travellers,  Cattle  and  Vehicles,  and,  if  the 
said  Ferrj,  ropes,  boats  or  other  appurtenances  of  the  said  Ferry 
shonld  by  accident  or  otherwise  be  broken,  lost  or  destroyed, 
the  said  Richard  Fuller  shall  be  bound  to  replace  the  same 
twelve  months  next  following  the  breakino-,  losing  or  destruc- 
tion of  said  ropes,  boats  or  appurtenances  under  penalty  of  for- 
feiture of  the  advantages  to  him  by  this  Act  granted,  and  dar- 
ing such  lime  as  the  regular  Ferry  is  not  in  running  order  by, 
accident  tr  otherwise  unless  the  said  Richard  Fuller  maintain-^ 
a  crossing  of  some  kind  the  privileges  hereby  granted  shall 
cease  to  be  in  force  until  the  regular  Ferry  is  in  running  order. 

The  penalties,  hereby  inflicted,  shall  upon  proof  of  the 
oifence  respectively  before  any  one  or  more  Justices  of  the 
Peace  or  Magistrates  for  the  District  or  before  any  other  Court 
of  competent  Jurisdiction,  either  by  the  confession  of  the  offen- 
der, or  by  the  oath  of  one  or  more  credible  witness  or  witnesses 
(which  oath  each  Justice  Court  or  Magistrate  is  hereby  em- 
powered and  required  to  administer)  be  levied  by  distress  and 
sale  of  the  goods  and  chattels  of  such  offender  by  warrant 
signed  by  such  Justice  or  Justices  of  the  Peace  or  Magistrates, 
or  issued  by  such  Court,  and  the  overplus  after  such  penalties 
and  the  charges  of  such  Distress  and  Sale  are  deducted  shall 
be  returned  on  demand  to  the  owners  of  such  goods  and  chattels, 
and  such  penalties  shall  belong  to  the  said  Richard  Fuller  or 
liis  assigns. 

All  the  powers,  privileges  and  immunities  hereby  granted 
to  the  said  Richard  Fuller  shall  be  vested  in  the  said  Richard 
Fuller,  his  heirs.  Executors  and  Assigns. 

The  Act  and  the  provisions  herein  before  contained  shall  be 
in  force  for  the  period  of  ten  years  from  the  passing  thereof — 
nothing  contained  in  this  Act  shall  be  deemed  to  affect  the 
right  of  passage  up  and  down  the  stream  of  any  steamboats, 
vessels,  boats  or  rafts. 

The  dimensions  of  the  vessel  used  for  the  crossing  the  said 
Ferry  and  the  conditions  on  which  the  same — ^shall  be  subject 
to  any  regulations  which  may  be  made  from  time  to  time  by  the 
Lieutenant-Governor  in  Council  in  regard  to  the  same. 

Her  Majesty,  Her  Heirs  and  Successors  may  at  any  time 
assume  the  possession  and  property  of  said  Ferry  and  of  all  the 
rights,  privileges  and  advantages  attached  hereto,  all  which 
shall  after  such  assumption  be  vested  in  Her  Majesty,  Her 
Heirs  and  Sncce>sors  on  giving  to  the  party  or  parties  holding 
the  same  one  month's  notice  thereof,  and  on  paying  to  them  the 
value  of  tlie  same  to  be  fixed  by  three  arbitrators  or  the  major- 


PIOXEEE    LEGISLATION  lOoT 

ity  of  them,  one  to  be  chosen  by  the  Lieutenant-Governor  of 
the  North  West  Territories,  another  by  the  party  or  parties 
holding  the  same,  and  the  third  by  the  two  first  arbitrators, 
the  arbitrators  having-  full  power  to  consider  in  the  valuation 
the  expenses  incurred  in  connection  with  the  said  Ferrj^,  the 
traffic  on  the  same  and  its  past  and  present  and  prospective 
business. 

This  Act  shall  be  deemed  a  public  Act.  On  the  Motion  of 
thg  Honorable  Mr.  Bannatyne,  seconded  by  the  Honorable 
Mr.  Kennedy,  and 

Resolved, — The  Bill  entitled  ''An  Act  to  authorize  Richard 
Fuller  to  build  and  maintain  a  Toll  Bridge  over  Battle  Biver 
South  of  the  iSTorth  Saskatchewan  River  in  the  North  West 
Territories,"  was  read  a  third  time  and  passed  under  the  Title 
of  "An  Act  to  authorize  Richard  Fuller  to  build  and  maintain 
a  Toll  Bridge  over  Battle  River  South  of  the  North  Saskat- 
chewan River  in  the  North  West  Territories"  said  Act  being 
as  follows : — 

"An  Act  to  authorize  Richard  Fuller  to  build  and  maintain 
a  Toll  Bridge  over  Battle  River  South  of  the  North  Saskat- 
chewan River  in'^'the  North  West  Territories. 

Whereas  the  construction  of  a  Toll  Bridge  over  the  Battle 
River  a  partly  navigable  stream,  being  situated  at  or  near 
the  crossing  of  the  present  Telegraph  Line,  will  greatly  tend 
to  promote  the  welfare  and  intercourse  of  Settlers,  travellers, 
traders  and  others  in  the  locality  aforesaid.  And  whereas 
Richard  Fuller  of  the  City  of  Winnipeg,  in  the  Province  of 
Manitoba,  Contractor,  desires  to  be  authorized  to  construct, 
repair  and  maintain  a  Toll  Bridge  over  the  said  Battle  River 
— Therefore  Her  Majesty  by  and  with  the  advice  and  consent 
of  the  North  West  Council  enacts  as  follows: 

1.  The  said  Richard  Fuller  is  hereby  authorized  to  build, 
repair  and  maintain  at  his  own  cost  and  expense  a  solid  and 
sufficient  Toll  Bridge  over  the  said  Battle  River  in  the  locality 
aforesaid,  said  Bridge  to  be  built  within  twelve  months  from 
the  date  of  the  passing  of  this  Act,  and  to  have  Toll  houses 
and  Toll  gates  and  also  to  do  and  execute  all  such  other  matters 
and  things  as  shall  be  necessary,  useful  or  advantageous  for 
erecting  and  constructing,  keeping,  repairing  and  maintaining 
the  said  Bridge,  Toll  houses.  Toll  Gates  and  other  dependen- 
cies according  to  the  true  intent  and  meaning  of  this  Act- 

^At  Battleford. 
28159—67 


1058  CANADIAN    ARCHIVES 

2.  During  the  continuance  of  the  privileges  by  this  Act 
conferred,  it  shall  be  lawful  for  the  said  Richard  Fuller  to 
ask,  demand,  receive,  take,  sue  for,  recover  to  and  for  his  own 
proper  use,  benefit  and  behalf  for  ferriage,  as  or  in  the  name 
of  toll  or  duty  before  any  passage  over  the  said  Bridge  shall  be 
permitted  or  after  such  passage,  the  several  sums  following 
viz. : 

For  every  vehicle  drawn  by  one  horse  or  ox 15  cents. 

"        "       vehicle   drawn   by   two  horses  or   two 

oxen 25     " 

"        "       vehicle     drawn     by    more    than    two 

horses  or  two  oxen 50 

"       "       horse,  ox  or  cow  8 

"        "       sheep,  hoff,  calf  or  colt ,       5 

"        "       horse    with    its    rider 15 

"        "       foot    passenger    5 

3.  It  shall  be  lawful  for  the  said  Richard  Fuller  to  diminish 
the  said  tolls  or  any  of  them,  and  then  afterwards,  if  he  sees 
fit  to  augment  the  same  or  any  of  them,  so  as  not  to  exceed  in 
any  case  the  rates  by  this  Act  authorized  to  be  taken,  and  the 
said  Richard  Fuller  shall  affix  or  cause  to  be  affixed  in  some 
conspicuous  place  at  or  near  the  said  Toll  Gates,  or  upon  the 
said  Bridge,  a  table  of  the  rates  payable  for  passing  over  the 
said  Bridge,  and  so  often  as  such  rates  may  be  diminished  or 
augmented  he  shall  cause  such  alteration  to  be  affixed  in  man- 
ner aforesaid. 

4.  If  any  person  shall  forcibly  pass  through  the  said  Toll 
Gates,  or  over,  or  upon  the  said  Bridge  without  paying  the 
said  toll  or  any  part,  or  shall  interrupt  or  disturb  the  said 
Richard  Fuller  or  any  person  or  persons  employed  by  him  in 
building  or  repairing  the  said  bridge  or  making  or  repairing 
the  way  over  the  same  or  any  road  or  avenue  leading  thereto, 
or  shall  at  any  time  drive  faster  than  a  walk  on  the  said  Bridge, 
every  person  or  persons  so  offending  in  each  of  the  cases  afore- 
said shall  for  every  such  offence. forfeit  a  sum  not  exceeding  ten 
dollars  or  in  default  of  payment  be  imprisoned  for  a  period 
not  exceeding  ten  days — 

5.  At  all  times  so  long  as  the  said  Bridge  is  passable  or 
open  for  use  to  the  public,  no  person  whatsoever  shall  erect  any 
bridge  or  Bridges,  nor  shall  use  for  purposes  of  ferriage  boats 
of  any  description  whatever  for  the  passage  of  any  person,  cat- 
tle or  vehicle  whatsoever,  for  hire,  across  the  said  River,  with- 
in the  following  limits  from  the  mouth  of  the  said  River  five 
miles  up  the  said  Battle  River. 

6.  And  any  person  who  shall  build  any  toll  Bridge,  or  toll 
Bridges,  over  the  said  River  Avithin  the  limits   aforesaid,  or 


PIONEER    LEGISLATION  1050 

sball  ferry,  for  hire,  within  the  limits  aforesaid,  shall,  without 
prejudice  to  any  proceedings  which  may  be  instituted  against 
him  by  the  said  Richard  Fuller,  before  any  Court,  to  cause 
the  said  bridges  to  be  destroyed  and  to  cause  his  privileges  to 
be  otherwise  respected,  pay  to  the  said  Richard  Fuller  treble 
the  tolls  hereby  imposed  for  all  persons,  cattle,  horses  and 
carriages  passing  over  such  bridge  or  crossing  by  means  of  such 
ferry  or  ferries. 

The  said  Richard  Fuller  to  entitle  himself  to  the  benefits 
and  advantages  to  him,  by  this  Act  granted,  shall  be  bound  to 
put  the  said  bridge  into  a  safe  and  convenient  condition  for 
the  passage  of  travellers,  cattle  and  vehicle;  and,  if  the  said 
Bridge  should,  by  accident,  of  otherwise  give  away,  the  said 
Richard  Fuller,  shall  be  bound  to  rebuild  the  said  Bridge 
within  six  months  next  following  the  giving  away  of  the  said 
Bridge,  under  penalty  of  forfeiture  of  the  advantage  to  him 
by  this  Act  granted- 

The  penalties  hereby  inflicted  shall  upon  proof  of  the 
offence  respectively,  before  any  one  or  more  Justices  of  the 
Peace  or  Magistrates  for  the  Districts,  or  before  any  other 
Court  of  competent  Jurisdiction,  either  by  the  confession  of 
the  offender  or  by  the  oath  of  one  or  more  credible  witness, 
or  witnesses  (which  O'ath  such  Justice  Court  or  Magistrates  is 
hereby  empowered  and  required  to  administer)  be  levied  by 
distress  and  sale  of  the  goods  and  chattels  of  such  offender  by 
warrant  signed  by  such  Justice  or  Justices  of  the  Peace  or 
Magistrate,  or  issued  by  such  Court,  and  the  overplus,  after 
such  penalties  and  the  charges  of  such  distress  and  sale  are 
deducted  shall  be  returned  on  demand  to  the  owner  of  such 
goods  and  chattels,  and  such  penalties  shall  belong  to  the  said 
Richard  Fuller  or  his  assigns. 

7.  All  the  powers,  privileges  and  immunities  hereby 
granted  to  the  said  Richard  Fuller  shall  be  vested  in  the  said 
Richard  Fuller,  his  heirs.  Executors  and  Assigns. 

8.  This  Act  and  the  provisions  hereintofore  contained  shall 
be  in  force  for  the  period  of  fifteen  years  from  the  passing 
thereof. 

9.  The  place  for  the  construction  of  the  said  Bridge  shall 
first  be  approved  by  the  Lieutenant  Governor  in  Council. 

10.  Her  Majesty,  Her  Heirs  and  Successors  may,  at  any 
time  assume  the  possession  and  property  of  all  the  rights,  pri- 
vileges and  advantages  attached  thereto,  all  which  shall,    after 

28159— 67i 


1060  CANADIAN  ARCHIVES 

such,  assumption,  be  vested  in  Her  Majesty,  Her  Heirs  and 
Successors,  on  giving  to  the  party  or  parties  holding  the  same 
one  month's  notice  thereof  and  on  paying  to  them  the  value 
of  the  same  to  be  fixed  by  three  Arbitrators,  or  the  majority 
of  them,  one  to  be  chosen  by  the  Lieutenant  Governor  of  the 
North  West,  another  by  the  party  or  parties  holding  the  same, 
and  the  third  by  the  two  first  arbitrators,  the  arbitrators  having 
full  power  to  consider  in  the  valuation  the  expenses  incurred 
in  connection  with  the  said  Bridge,  the  trafiic  on  the  same  and 
its  past  and  present  and  prospective  business. 

This  Act  shall  be  deemed  a  public  Act. 

On  the  motion  of  the  Honble.  Mr.  Dubuc 

Seconded  by  the  Honble.  Mr-  Girard, 

Resolved,  The  Bill  entitled  an  Act  to  authorize  the  collec- 
tion of  tolls  by  the  owners  of  a  Bridge  constructed  on  the  Stur- 
geon River  in  the  Korth  West  Territories,  was  read  a  third 
time  and  passed,  said  Act  being  as  follows: 

An  Act  to  authorize  the  collection  of  tolls  by  the  owners 
of  a  bridge  constructed  on  the  Sturgeon  River  in  the  ITorth 
West  Territories. 

Whereas  it  has  been  represented  tliat  the  Right  Reverend 
Vital  Grandin  Bishop  of  St.  Albert  and  Richard  Hardisty  of 
Edmonton  have  constructed  a  bridge  over  the  Sturgeon  River, 
opposite  the  St.  Albert  Mission  in  the  l^ortli  West  Territories, 
for  which  they  have  incurred  large  expenses ;  and  that  the 
said  Bridge  is  a  great  benefit  to  the  public — and  whereas  the 
said  Right  Reverend  Vital  Grandin  and  Richard  Hardisty  have 
prayed  to  be  authorized  to  collect  tolls  from  all  party,  or 
parties,  passing  over  the  said  Bridge — 

Therefore,  Her  Majesty  by  and  with  the  advice  and  consent 
of  the  ISTorth  West  Council,  enacts  as  follows : — The  said  Right 
Reverend  Vital  Grandin  and  Richard  Hardisty'*',  are  hereby, 
authorized  and  empowered  to  keep,  maintain,  repair  and  re- 
place the  said  Bridge  constructed  by  them  over  the  Sturgeon 
River  opposite  the  St.  Albert  Mission  in  the  IsTorth  West  Terri- 
tories, and  it  shall  be  'lawful  for  them  to  ask,  demand,  receive, 
take,  sue  for  and  recover  to  and  for  their  own  use  and  benefit 
the  tolls  hereinafter  prescribed  from  all  person  or  persons  and 
for  all  vehicles  and  animals  passing  over  the  said  Bridge,  for 
and  during  the  term  and  period  hereinafter  mentioned — - 

*  H.  B.  Co.  officer  in  charge  at  Fort  Edmonton,  and  brother-in-law  of 
Donald  Smith   (Lord  Strathcona). 


PIONEER    LEGISLATION  1061 

2.  The  tolls  to  be  collected  on  said  Bridge  shall  not  exceed 
the  following  rates : 

For  every  foot  passenjjer 5  cents. 

"        "       horse  or  mule  with  rider 15      " 

"        "       vehicle    drawn    by    one    animal    and 

driver    15 

"        "       vehicle    drawn    by    two    animals    and 

driver     25      " 

"        "       vehicle    drawn     by     more     than     two 

animals  and   driver    50 

"        "       horse,  mule,  ox  or  cow 8 

"        "       sheep,   hogs,   colt   or   calf 5     " 

A  table  showing  the  above  rates  shall  be  affixed  and  kept 
posted  up  in  some  conspicuous  place  at  or  near  the  said  Bridge. 

3.  It  shall  not  be  lawful  for-  any  other  person  or  persons,  to 
construct  or  erect  a  bridge  or  to  establish,  keep  or  maintain  a 
ferry  running  for  hire,  on  the  said  River  within  three  miles 
from  the  place  where  the  above  mentioned  bridge  is  situated, 
for  the  use  of  the  public  or  to  collect  or  receive  any  tolls  or 
right  of  ferriage  on  any  bridge  or  ferry  constructed  or  estab- 
lished within  the  said  limits. 

4.  If  at  any  time  the  said  Bridge  is  destroyed  or  injured, 
or  is  being  repaired,  or  for  any  other  cause  becomes  unsafe, 
it  shall  be  lawful  for  the  said  Right  Reverend  Vital  Grandin 
and  Richard  Hardisty  to  establish,  keep  and  maintain,  a  ferry 
at  or  near  the  same  place  for  or  during  such  time  as  may  be 
required  to  replace  or  repair  or  make  safe  the  said  Bridge  pro- 
vided that  such  time  so  required  shall  not  exceed  eighteen 
months,  and  during  such  time  they  shall  be  authorized  to 
collect  for  crossing  on  said  ferry  the  same  tolls  or  fares  as 
are  hereby  authorized  on  the  said  table. 

5-  The  said  Bridge  shall  be  kept  open  ^nd  in  good  order 
for  the  use  of  the  public,  and  any  person  paying  or  tendering 
the  authorized  tolls  or  fares  shall  have  right  and  be  entitled 
to  pass  on  the  said  bridge  except  when  prevented  by  some  phy- 
sical and  unavoidable  cause  or  circumstance. 

6.  Any  person  passing  the  said  bridge  or  ferry,  and  re- 
fusing to  pay  the  prescribed  tolls  or  fares  or  violating  any  of  the 
provisions  of  this  Act  shall  for  every  such  offence  forfeit  a 
sum  not  exceeding  ten  dollars  and  in  default  of  payment  of 
such  fine  and  costs,  the  offender  shall  be  imprisoned  for  any 
period  not  exceeding  ten  days,  unless  such  fine  and  costs  be 
sooner  paid. 

Every  offender  against  any  of  the  provisioits  of  this  Act 
shall,  for  every  such  offence,  forfeit  a  sum  not  exceeding  ten 


1062  CANADIAN    AKCIIIVES 

dollars  and  in  default  of  payment  of  such  fine  and  costs,  the 
offender  shall  be  imprisoned  or  any  period  not  exceeding  ten 
days  unless  such  fine  and  costs  be  sooner  paid. 

7.  Every  offence  against  any  of  the  provisions  of  this  Act 
shall  be  prosecuted  by  warrant  or  Summons,  before  any  Jus- 
tice of  the  Peace,  Police  Magistrate,  Stipendiary  Magistrate 
or  Judge  having  Jurisdiction  in  the  locality.     ^     , 

8.  The  Rights  and  Privileges  hereby  conferred  may  be 
assigned  or  transmitted  by  the  said  Right  Reverend  Vital 
Grandin  and  Richard  Hardisty  or  either  of  them,  as  to  his 
own  share  and  every  party,  or  parties  to  which  the  same  shall 
be  assigned  or  transmitted  or  in  any  wise  becoming  legally 
seized  of  the  same,  shall  possess  and  enjoy  the  same  in  the 
same  manner  as  the  parties  to  which  the  said  rights  and  privi- 
leges are  hereby  conferred. 

9-  The  rights  and  privileges,  hereby  conferred  are  granted 
for  the  period  of  ten  years  subject  to  the  provisions  of  the 
next  Section. 

10.  Her  Majesty,  Her  Heirs  and  -Successors  may  at  any 
time  assume  the  possession  and  property  of  the  said  bridge  and 
of  all  the  rights,  privileges  and  advantages  attached  thereto 
(all  which  shall  after  such  assumption  be  vested  in  Her 
Majesty,  Her  Heirs  and  Successors)  on  giving  to  the  party  or 
parties  holding  the  same  one  month's  notice  thereof  and  paying 
to  them  the  value  of  the  same  to  be  fixed  by  three  arbitrators 
or  the  majority  of  them,  one  to  be  chosen  by  the  Lieutenant- 
Governor  of  the  ISTorth  West,  another  by  the  party  or  parties 
holding  the  same  and  the  third  by  the  two  first  arbitrators, 
the  arbitrators  having  full  power  to  consider  in  the  valuation 
the  expenses  incurred  in  connection  with  said  Bridge,  the  traf- 
fic on  the  same  and  its  past  and  present  and  prospective  busi- 
ness. 

11.  ISTothing  contained  in  this  Act  shall  be  deemed  to  af- 
fect the  right  of  passage  of  any  steamboats,  vessel,  boats  or 
rafts,  up  and  down  the  stream. 

12.  The  said  Bridge  and  the  manner  in  which  toll  shall 
l>e  collected  shall  be  subject  to  any  regulations  which  may  be 
made  in  regard   to  the  same  by  the  Lieutenant-Governor  in 
Council- 
is.   This  Act  shall  be  deemed  a  public  Act. 


PIONEEE    LEGISLATION  1063 

On  the  Motion  of  Honble.  Mr.  Dubiic,  seconded  by  Honble. 
Mr.  Girard, 

Resolved, — Tie  Bill  entitled  an  Act  to  authorize  Jos^pn 
and  Frangois  Lamoureux  to  establish  and  maintain  a  Toll 
Eerrj  over  the  Eiver  Saskatchewan  in  the  iSTorth  West  Terri- 
tories was  read  a  third  time  and  passed  under  the  Title  of 
"  An  Act  to  authorize  Joseph  and  Frangois  Lamoureux  to  es- 
tablish and  maintain  a  Toll  Ferry  over  the  River  Saskatche- 
wan in  the  Worth  West  Territories" — Said  Act  is  as  follows: 

An  Act  to  authorize  Joseph  and  Frangois  Lamoureux  to 
establish  and  maintain  a  Toll  Ferry  over  the  River  Saskatche- 
wan in  the  ISTorth  West  Territories. 

"Whereas  it  has  been  represented  that  the  establishment  and 
maintenance  of  a  Toll  Ferry  over  the  River  Saskatchewan 
opposite  the  Mounted  Police  Station,  at  about  fifteen  miles 
below  Edmonton,  would  tend  to  promote  the  interests  of  the 
Settlers  in  that  Section  of  the  Country,  and  w^ould  be  of  great 
benefit  to  the  public  in  general,  and  whereas  Joseph  and  Fran- 
gois Lamoureux  have  prayed  by  petition  to  be  authorized  to 
establish  keep,  repair  and  maintain  a  Toll  Ferry  at  the  said 
place  with  exclusive  right  of  ferriage  on  the  same. 

Therefore  Her  Majesty  by  and  with  the  advice  and  consent 
of  the  Worth  West  Council  enacts  as  follows: 

1.  The  said  Joseph  and  Frangois  Lamoureux  are  hereby 
authorized  to  establish,  construct,  keep,  maintain  and  repair 
at  their  own  costs  and  expenses  a  good  and  substantial  Ferry 
over  the  said  River  Saskatchewan  about  fifteen  miles  below 
Edmonton,  opposite  or  near  the  Mounted  Police  Station  in 
that  locality  within  twelve  months  from  the  date  of  the  sanc- 
tion of  this  Act,  and,  on  establishing  said  Ferry  they  shall 
have  the  exclusive  right  of  ferriage  on  the  said  River  within 
three  miles  from  the  said  Ferry,  for  and  during  the  term  or 
period  of  five  years  from  the  date  such  Ferry  shall  be  establish- 
ed: and  during  said  period,  it  shall  be  lawful  for  the  said 
Joseph  and  Frangois  Lamoureux  to  ask,  demand,  receive,  take, 
sue  for  and  recover  to  and  for  their  own  use  and  benefit  from 
all  persons,  or  person  and  for  all  vehicles,  animals  and  arti 
cles  passing  or  transported  over  the  said  Ferry,  the  tolls  pre- 
scribed in  the  next  Section : 

2.  The  tolls  to  be  collected  on  said  Ferry  shall  not  exceed 
the  followino'  rates : 


1064  CANADIAN    AECIIIVES 

For  every  foot  passenger 8  cents 

"        "       horse  or  mule  and  rider 20  " 

"        "       vehicle    drawn    by    one    animal    and 

driver    20  " 

"        "       vehicle   drawn    by   two     animals   and 

driver    ..' 30  " 

"        "       vehicle    drawn    by    more    than    two 

animals    and   driver 50  " 

"        "       horse,  mule,  ox  or  cow  10  " 

"        "       sheep,  hog:,  colt  or  calf 8  " 

"    other  articles  or  goods  without  vehicle  over 

100  lbs.  per  100  lbs 2  " 

A  table  showing  the  above  rates  shall  be  affixed  and  kept 
pasted  up  in  some  conspicuous  place  at  or  near  the  said  Ferrj. 

.  It  shall  be  unlawful  for  anv  person,  or  persons,  to  estab- 
lish, keep  or  maintain  a  Ferry,  for  hire,  within  the  limits 
above  mentioned  for  the  use  of  the  public,  and  to  collect,  take 
or  receive  tolls  or  remuneration  for  crossing  on  the  same. 

4.  After  the  said  Ferry  is  established,  it  shall  be  kept  in 
operation  and  open  to  the  public,  and  in  a  good  and  safe  con- 
dition during  the  whole  of  each  and  every  season  of  naviga- 
tion until  the  five  years  are  expired  and  during  such  time,  the 
said  Joseph  and  Francois  Lamoureux  shall  be  bound  to  cross 
on  the  said  Ferry  any  person  paying  or  tendering  the  author- 
ized tolls  or  fares,  except  when  prevented  from  doing  so  by 
some  physical  and  unavoidable  cause  or  circumstance. 

5.  Any  person  crossing  on  the  said  Ferry  and  refusing  to 
pay  the  prescribed  tolls  or  fare,  or  violating  any  of  the  pro- 
visions of  this  Act,  shall,  for  every  such  offence  forfeit  a  sum 
not  exceeding  ten  dollars,  and  in  default  of  payment  of  such 
fine  and  costs,  the  offender  sliall  be  imprisoned  for  any  period 
not  exceeding  ten  days,  unless  such  fine  and  co^ts  be  sooner 
paid. 

6.  Any  offence  against  !iny  of  the  provisions  of  this  Act 
shall  be  prosecuted  by  warrant  or  summons  before  any  Justice 
of  the  Peace,  Police  Magistrate,  Stipendiary  Magistrate,  or 
Judge,  having  jurisdiction  in  the  locality, 

7.  All  the  powers,  privileges  and  immunities  hereby 
granted  to  the  said  JoscdIi  and  Frangois  Lamoureux  shall  be 
vested  in  the  said  Joseph  and  Frangois  Lamoureux,  their  heirs 
and  assigns. 

8.  Her  Majesty,  Her  Heirs  and  Successors,  may,  at  any 
time,  assume  the  possession  and  property  of  the  said  Ferry 
and  of  all  the  right,  privileges  and  advantages  attached  thereto 
(all  which  shall  after  such  assumption  be  vested  in  Her  Majes- 
ty, Her  Heirs  and  successors) on  giving  to  the  party,  or  parties,, 
holding  the  same,  one  month's  notice  thereof  and  on  paying  to 


PIONEER    LEGISLATION  1065 

him,  or  them,  the  value  of  the  same,  to  be  fixed  by  three  Arbi- 
trators or  the  majority  of  them,  one  to  be  chosen  by  the  Lieu- 
tenant Governor  of  the  Xorth  West  Territories  in  Council,  an- 
other by  the  party,  or  parties,  holding  the  same,  and  the  third 
by  the  two  first  Arbitrators  ;-the  Arbitrators  having  full  power 
to  consider  in  the  valuation,  the  expenses  incurred  in  connec- 
tion with  such  Ferry,  the  trafiic  on  the  same,  and  its  past  and 
present  and  prospective  business. 

10.  ISTothing  contained  in  this  Act  shall  be  deemed  to  affect 
the  right  of  passage  of  any  steamboats,  vessels,  boats  and  rafts 
up  and  down  the  stream. 

11.  The  dimensions  of  the  vessels  used  for  the  crossing  of 
the  ferry  and  the  conditions  oil  which  the  same  shall  be  put  in 
operation  shall  be  subject  to  any  regulations  which  may  be 
made  by  the  Lieutenant  Governor  in  Council  in  regard  to  the 
same. 

12.  This  Act  shall  be  deemed  a  public  Act 
On  the  Motion  of  Honble.  Mr.  Dubuc. 
Seconded  by  Honble.  Mr.  McKay, 

Resolved, — That  the  Bill  entitled :  "  An  Act  to  authorize 
George  McKay  to  construct  and  maintain  a  Toll  Ferry  over  the 
South  Branch  of  the  South  Saskatchewan  River  in  the  l^orth 
West  Territories  "  was  read  a  second  time  and  stand  for  a 
third  reading  at  the  next  Meeting. 

On  the  Motion  of  Honble.  Mr.  Dubuc. 

Seconded  by  Honble.  Mr.  McTavish, 

Resolved,  That  the  Bill  entitled  an  Act  for  the  prevention 
of  Prairie  and  Forest  Fires  was  read  a  second  time  and  stand 
for  a  Committee  of  the  whole  at  the  next  meeting. 

On  the  Motion  of  Honble.  Mr.  Dubuc. 

Seconded  by  the  Honble.  Mr.  Schultz, 

Resolved,  That  the  Bill  entitled :  "  An  Act  respecting  the 
granting  of  licenses  for  Bridges  and  Ferries  in  the  North  West 
Territories  was  read  a  second  time  and  stand  for  a  Committee 
of  the  whole  at  the  next  Meeting. 

Moved  by  Honble.  Mr.  Girard. 

Seconded  by  Honble.  Mr.  Dubuc. 

Resolved, — That  the  Council  go  into  a  Committee  of  the 
whole  on  the  Bill  entitled  "An  Act  to  incorporate  the  Bishop  of 
St  Albert. 

Moved  by  Honble.  Mr-  Girard 

Seconded  by  Honble.  Mr.  Dubuc 


1066  CANADIAN  ARCHIVES 

Resolved,  That  the  Committee  rise  and  report  progress  and 
sit  again  at  the  next  Meeting  and  that  Council  adjourn  until 
two  o'clock  P.M.  of  the  following  day  the  26th  November  18Y5. 

:N'ovember  26th,  1875. 

Council  met  at  two  o'clock  P.  M.  His  Honor  .the  Lieutenant 
Governor  presiding. 

Present : 

Honble.  Messrs.  McKay,  Fraser,  Schultz,  Bown,  Dubuc, 
Kennedy,  Bannatyne,  Girard. 

At  three  o'clock  the  attention  of  the  Council  being  drawn  to 
the  fact  that  there  was  not  a  quorum,  His  Honor  the  Lieutenant- 
Governor  adjourned  the  Council  until  two  o'clock  P.M.,  of 
Monday,  the  29th  of  :N"ovember,  1875. 

Monday,  29th  ITovember  1875- 

Council  met  at  two  o'clock  P.M.  His  Honor  the  Lieutenant- 
Governor  presiding. 

Present 

Honble.  Messrs.  McKay,  Dubuc,  Girard,  Fraser,  Banna- 
tyne, Schultz,  Bown,  Kennedy,  McTavish. 

On  the  Motion  of  Honble.  Mr.  Dubuc 

Seconded  by  Honble.  Mr.  Girard. 

Resolved,  That  the  Bill  entitled  "  An  Act  to  au.thorize 
George  McKay  to  construct,  maintain,  and  collect  tolls  for  the 
crossing  by  a  ferry  across  the  South  Branch  of  the  Saskat- 
chewan "  was  referred  to  a  Committee  of  the  whole.  The  Com- 
mittee reported  the  Bill  with  an  amendment  which  was  con- 
curred in  and  the  Bill  was  then  read  a  third  time  and  passed 
under  the  title  "  An  Act  to  authorize  George  McKay  to  con- 
struct, maintain  and  collect  tolls  for  the  crossing  by  a  Ferry 
across  the  South  Branch  of  the  Saskatchewan.  The  said  Act 
is  as  follows: — 

An  Act  to  authorize  George  McKay  to  construct  and  main- 
tain a  Toll  Ferry  over  the  South  Branch  of  the  Saskatchewan 
Kiver  in  the  N'orth  West  Territories. 


PIONEEE    LEGISLATION  1067 

Whereas  the  construction  of  a  Toll  Ferry  over  the  said 
River  a  navigable  stream,  the  said  Ferry  being  situated  at  or 
near  the  place  where  the  present  crossing,  kno^vn  as  "  Philippe 
Gariepy"  crosses  the  said  River,  will  greatly  tend  to  promote 
the  welfare  and  intercourse  of  Settlers,  travellers,  traders  and 
others  in  the  locality  aforesaid. 

And  whereas  George  McKay  of  Prince  Albert  in  the  North- 
West  Territories,  farmer,  desires  to  be  authorized  to  construct, 
repair  and  maintain  a  Toll  Ferry  over  the  said  South  Branch 
of  the  Saskatchewan  River. 

Her  Majesty  by  and  with  the  advice  and  consent  of  the 
!N^orth-West  Council,  enacts  as  follows : 

1.  The  said  George  McKay  is  hereby  authorized  to  build, 
repair  and  maintain  at  his  own  cost  and  expense  a  good  and 
substantial  Ferry  over  the  said  South  Branch  of  the  Saskat- 
chewan in  the  locality  aforesaid — said  Ferry  to  be  completed 
before  the  thirty-first  day  of  December  18Y6 — and  to  have  toll 
houses  and  also  to  do  and  execute  all  such  other  /natters  and 
thijigs  as  shall  be  necessary  and  useful  or  advantageous  for 
erecting  and  constructing,  keeping  up  and  maintaining  the  said 
Ferry,  houses,  ropes  and  approaches,  and  other  dependencies 
according  to  the  true  intent  and  meaning  of  this  Act. 

2.  During  the  continuance  of  the  privileges  by  this  Act  con- 
ferred, it  shall  be  lawful,  for  the  said  George  McKay,  to  ask, 
demand,  receive,  take,  sue  for,  recover,  to  and  for  his  own  pro- 
per use,  benefit  and  behalf,  for  ferriage,  as,  or  in  the  name,  of 
Toll  or  duty,  before  any  passage  over  the  said  Ferry  shall  be 
permitted,  or  after  such  passage,  the  several  sums  following, 
viz: 

For  every  vehicle  drawn  by  one  horse  or  ox 20  cents. 

"        "       vehicle  drawn   by  two   horses   or   two 

oxen  30     " 

"        "       vehicle     drawn     by    more     than     two 

horses  or  two  oxen 50     " 

"        "       horse,  cow   or  ox 10     " 

sheep,  hogr,  calf  or  colt 8 

"        "       horse    with    its    rider 20     " 

"        "       foot    passenger    _ 8     " 

"    all  articles  or  Roods  without  a  vehicle  over 

100  lbs.,  per  lOO  lbs 2     " 

3-  It  shall  be  lawful  for  the  said  George  McKay  to  dimin- 
ish the  said  tolls  or  any  of  them,  and  then  afterwards,  if  he  sees 
fit,  to  augment  the  same  or  any  of  them,  so  as  not  to  exceed  in 
any  case,  the  rates,  by  this  Act  authorized  to  be  taken — and  he 
shall  affix  or  cause  to  be  affixed  in  some  conspicuous  place  at  or 
near  the  said  Ferry,   or  upon   the  said  Ferry,   a  table   of  the 


1068  CANADIAN  AECHIVES 

rates  payable  for  passing  over  the  said  Ferry,  and  so  often  as 
such  rates  may  be  diminished  or  augmented  he  shall  cause  such 
alteration  to  be  affixed  in  manner  aforesaid. 

4.  If  any  person  shall  forcibly  pass  over  or  upon  the  said 
Ferry  without  paying  the  said  toll  or  any  part  thereof,  or  shall 
interrupt  or  disturb  the  said  George  McKay  or  any  person,  or 
persons,  employed  by  him  in  building  or  repairing  the  said 
Ferry  every  person  so  offending  in  each  of  the  cases  aforesaid, 
shall,  for  every  such  offence  forfeit  a  sum  not  exceeding  ten 
dollars,  or,  in  default  of  payment  be  imprisoned  for  a  period 
not  exceeding  ten  days. 

5.  At  all  times  so  long  as  the  said  Ferry  is  passable  or  open 
for  use  of  the  public  no  person  whatsoever  shall  erect,  construct, 
or  build  or  use  any  boats  or  rafts,  of  any  description  whatever, 
for  the  passage  of  any  person,  cattle,  or  vehicle  whatsoever,  for 
hire,  across  the  said  River  within  a  distance  of  three  miles  of 
the  said  Ferry,  and  any  person  who  shall  build  any  boat,  or 
raft,  or  use  the  same  for  ferriage  over  the  said  River  within 
the  limits  aforesaid,  or  shall  ferry,  for  hire  within  the  limits 
aforesaid,  shall,  without  prejudice  to  any  proceedings  which 
may  be  instituted  against  him,  by  the  said  George  McKay,  be- 
fore any  Court,  to  cause  the  said  boats,  rafts,  or  Ferries,  to  be 
destroyed,  and  to  cause  his  privileges  to  be  otherwise  respected, 
pay  to  the  said  George  McKay  treble  the  tolls  hereby  imposed 
for  all  persons,  cattle,  horses  and  vehicles  passing  over  such 
ferries,  boats  or  rafts,  or  by  means  of  any  of  them. 

6.  And  the  said  George  McKay  to  entitle  himself  to  the 
benefit  and  advantage,  to  him,  by  this  Act,  granted,  shall  be 
bound  to  put  the  said  Ferry  into  a  good  and  safe  condition  for 
the  passage  of  traders,  travellers,  cattle  and  vehicles,  and,  if  the 
said  Ferry,  ropes,  boats  or  other  appurtenances  of  the  said 
Ferry,  should,  by  accident,  or  otherwise,  be  broken,  lost,  or  de- 
stroyed, the  said  George  McKay  shall  be  bound  to  replace  the 
same,  within  twelve  months  next  following,  the  breaking,  losing 
or  destruction  of  the  said  ropes,  boats  or  appurtenances,  under 
penalty  of  forfeiture  of  the  advantages,  to  him,  by  this  Act, 
granted, — and  during  such  time  as  the  regular  ferry  is  not  in 
running  order,  by  accident  or  otherwise,  unless  the  said  George 
McKay  maintain  a  crossing  of  some  kind,  the  privileges,  hereby 
granted,  shall  cease  to  be  in  force  until  the  regular  ferry  is  in 
running  order. 

7.  The  penalties,  hereby  inflicted,  shall,  upon  proof  of  the 
ofl^enee   resjiectively   before   any  one  or  more   Justices   of   the 


PIONEER    LEGISLATION  1060 

Peace,  or  Magistrates  for  the  District,  or  before  any  other 
Court  of  competent  jurisdiction,  either  by  the  confession  of  the 
offender  or  by  the  oath  of  one  or  more  credible  witness,  or  wit- 
nesses, which  oath  such  Justice,  Court,  or  Magistrate,  is,  here- 
by' empowered  and  required  to  administer — be  levied  by  dis- 
tress and  sale  of  the  goods  and  chattels  of  such  offender,  by 
warrant,  signed  by  such  Justice  or  Justices  of  the  Peace,  or 
Magistrate,  or  issued  by  such  Court;  and,  the  overplus,  after 
such  penalties  and  the  charges  of  such  distress  and  sale  are 
deducted,  shall  be  returned,  on  demand,  to  the  owner  of  such 
goods  and  chattels ;  and,  such  penalties  shall  belong  to  the  said 
George  McKay  or  his  assigns. 

8.  All  the  powers,  privileges  and  immunities  hereby 
granted  to  the  said  George  McKay,  shall  be  vested  in  the  said 
George  McKay,  his  heirs.  Executors  and  Assigns. 

9.  This  Act  and  the  provisions  hereinbefore  contained  shall 
be  in  force  for  the  period  of  ten  years  from  the  passing  thereof. 

10.  l^othing  contained  in  this  Act  shall  be  deemed  to  affect 
the  right  of  passage,  up  and  down  the  stream,  of  any  steam- 
boats, vessels,  boats  or  rafts. 

11.  The  dimensions  of  the  vessels  used  for  the  crossing  the 
said  Ferry,  and  the  conditions  on  which  the  same  shall  be  put 
in  operation,  shall  be  subject  to  any  regulations  which  may  be 
made,  from  time  to  time,  by  the  Lieutenant  Governor  in  Coun- 
cil in  regard  to  the  same. 

12.  Her  Majesty,  Her  Heirs  and  Successors  may,  at  any 
time,  assume  the  possession  and  property  of  the  said  Ferry  and 
of  all  the  rights,  privileges  and  advantages  attached  thereto — 
all  which  shall  after  such  assumption  be  vested  in  Her  Majesty, 
Her  Heirs  and  Successors — on  giving  to  the  party,  or  parties, 
holding  the  same  one  month's  notice  thereof,  and  on  paying  to 
them  the  value  of  the  same  to  be  fixed  by  three  Arbitrators  or 
the  majority  of  them,  one  to  be  chosen  by  the  Lieutenant  Gov- 
ernor of  the  iN'orth  West,  another  by  the  party,  or  parties 
holding  the  same,  and  the  third  by  the  two  first  Arbitrators: 
the  Arbitrators  having  full  power  to  consider  in  the  valuation 
the  expenses  incurred  in  connection  with  the  said  Ferry,  the 
traffic  on  j:he  same,  and  its  past,  present  and  prospective  busi- 
ness. 

13.  This  Act  shall  be  deemed  a  public  Act. 
On  the  Motion  of  Honble.  Mr.  Girard 
Seconded  by  Honble.  Mr.  McTavish, 

Resolved,  That  the  Bill  entitled  "  An  Act  for  the  preven- 
tion of  Prairie  and  Forest  Fires  in    the    ISTorth    West    Terri- 


1070  CANADIAN  ARCHIVES 

lories"  was  referred  to  a  Cominittee  of  the  whole.  The  Com- 
mittee reported  the  Bill  with  certain  amendments  which  were 
concurred  in  and  the  Bill  was  then  read  a  third  time  and 
passed  under  the  Title  "  An  Act  for  the  prevention  of  Prairie 
and  Forest  Fires  in  the  ISTorth  West  Territories,"  The  said 
Act  is  as  follows : — 

An  Act  for  the  prevention  of  Prairie  and  Forest  Fires  in 
the  North  West  Territories  of  the  Dominion  of  Canada. 

Whereas  it  is  necessary  to  take  steps  for  the  prevention  of 
Prairie  and  Forest  Fires  within  the  ISTorth  West  Territories. ^^^ 

Her  Majesty,  by  and  with  the  advice  and  consent  of  the 
North  West  Council,  enacts  as  follows: 

1.  Any  person  who  shall  kindle  a  fire  with  intent  to  let  it 
run  at  large,  shall,  on  conviction  thereof,  be  fined  in  a  sum  not 
exceeding  two  hundred  dollars,  and  in  default  of  the  payment 
thereof,  shall  be  imprisoned  for  any  term  not  exceeding  twelve 
months. 

2.  Any  person  who  shall  kindle  and  leave  a  fire  burning, 
without  taking  effectual  means  to  prevent  its  spreading,  shall 
on  conviction  thereof,  be  fined  in  a  sum  not  exceeding  one 
hundred  dollars,  and  in  default  of  the  payment  thereof,  shall 
be  imprisoned  for  a  term  not  exceeding  six  months. 

3.  Any  person  who,  between  the  1st  day  of  May  and  the 
30th  day  of  ISTovember  in  each  year,  by  himself,  his  servants, 
or  agents,  or  any  one  acting  by  or  under  his  authority,  shall, 
after  cutting  down  the  trees  of  any  land,  road  allowances,  or 
railway,  or  telegraph  line  or  route,  or  the  lands  attached  there- 
to in  the  North  West  Territories,  in  the  process  of  clearing 
the  same  of  timber  for  any  purpose  whatsoever,  burn  or  set 
fire  to  the  same  for  the  purpose  of  disposing  thereof,  or  making 
away  therewith,  or  after  cutting  down  any  such  trees,  shall 
gather  the  same  into  log  heaps  for  burning,  and  set  fire  thereto ; 
or  shall  set  fire  to  any  such  trees  while  lying  on  the  ground 
after  cutting  or  felling  the  same,  or  shall  for  any  purpose  what- 
ever, set  fire  to  any  such  tree  while  standing  in  the  soil,  shall, 
on  conviction  of  any  of  the  foregoing  offences,  be  fined  in  a 
sum  not  exceeding  two  hundred  dollars  for  each  offence,  and 
in  default  of  the  immediate  payment  thereof,  shall  be  im- 
prisoned in  the  common  gaol  for  a  term  not  exceeding  twelve 
months. 

4.  In  any  prosecution  under  the  provisions  of  this  Act, 
whereby  the  conviction  of  the  offender  is  secured,  the  informer 

^This  legislation  with  respect  to  fires  is  not  dissimilar  to  but  is  more 
comprehensive  than  that  enacted  by  the  Council  of  Assiniboia. 


PIONEER    LEGISLATION  107T 

shall  be  entitled  to  receive  one  half  the  amount  of  fine  imposed. 

5.  None  of  the  fines  or  penalties  imposed  by  this  Act,  shall 
apply  to  any  "person  who,  through  necessity  to  save  himself  and 
his  property  from  runnino-  fires,  shall  be  compelled  to  kindle 
a  fire  and  allow  it  to  run. 

6.  J^othing  in  this  Act  shall  bar  any  party  or  parties  from 
recovering*  damages  from  the  party  or  parties  mentioned  in  the 
first  second  and  third  clauses  of  this  Act. 

7.  Prosecutions  under  this  Act  shall  be  summary,  and  may 
be  brought  by  warrant  before  any  Stipendiary  Magistrate  or 
Justice  of  the  Peace,  having  authority  to  act  on  such,  within 
any  portion  of  the  Territories  where  the  offeiice  is  committed. 

8.  This  Act  shall  not  apply  to  any  Indian  who  shall  not  be 
include  or  reside  within  those  portons  of  the  l^orth  West 
Territories  which  are  comprehended  within  the  limits  of  any 
of  the  Treaties  made  by  the  Commissioners  of  the  Privy  Coun- 
cil of  Canada  with  the  Indians. 

9.  This  Act  is  hereby  declared  to  be  of  urgent  importance. 
On  Motion  of  the  Honble.  Mr.  Dubuc 

Seconded  by  the  Ilonble  Mr.  Fraser, 

Resolved,  That  further  proceedings  with  the  Bill  respect- 
ing the  granting  of  licenses  for  bridges  and  ferries  in  the  ISTorth 
West  Territories  be  postponed  until  next  Session  of  Council. 

Honorable  Mr.  Schultz  asked  to  be  permitted  to  introduce 
a  Bill  to  repeal  the  Servants  and  Masters  Act.  The  Bill  was 
received. 

Moved  by  the  Ilonble.  Mr.  Girard 

Seconded  by  the  Ilonble.  Mr.  Dubuc, 

Resolved,  That  the  Committee  rise,  report  progress  and 
ask  permission  to  sit  again. 

Moved  by  Honble.  Mr.  Girard 

Seconded  by  Honble.  Mr.  Dubuc, 

Resolved,  That  the  Council  do  now  adjourn  and  meet  again 
on  the  14th  dav  of  December  1875. 


Wednesday,  14th  December,  1875- 

Council  met  at  2  o'clock  P.M.  His  Honor  the  Lieutenant 
Governor  presiding. 

Present 

Honorable  Messrs.  Poyal,  Eraser,   Tait,  McKay,  Dubuc, 
McTavish,  Bannatyne,  Smith,  Breland,  Girard,  Delorme. 


1072  CANADIAN  AECHIVES 

Honorable  Mr.  McTavish  presented  a  Petition  from  the 
Hudson's  Bay  Company  praying  that  they  be  permitted  to  con- 
struct and  maintain  a  Toll  Ferry  across  the  Assiniboine  River 
at  Fort  Ellice. 

A  Bill  founded  on  said  Petition  was  introduced  by  the 
Honble.  Mr-  McTavish  and  on  motion  was  read  a  first  and 
second  time^  and  referred  to  a  Committee  of  the  Whole,  forth- 
with. 

The  Committee  reported  the  same  with  certain  amendments 
which  were  concurred  in.  The  Bill  was  then  read  a  third  time 
and  passed  under  the  Title  "  An  Act  to  authorize  the  Hudson's 
Bay  Company  to  construct,  maintain  and  collect  tolls  for  the 
crossing  by  a  Ferry  across  the  Assiniboine  Eiver  ".  The  said 
Act  is  as  follows : — 

An  Act  to  authorize  the  Hudson's  Bay  Company  to  build 
and  maintain  a  Toll  Ferry  over  the  Assiniboine  River  in  the 
ISTorth-West  Territories. 

Whereas  the  construction  of  a  Toll  Ferry  over  the  said 
River,  a  navigable  stream,  the  said  Ferry  being  situated  at  or 
near  Fort  Ellice,  will  greatly  tend  to  promote  the  welfare  and 
intercourse  of  Settlers,  travellers,  traders  and  others  in  the  local- 
ity aforesaid. 

And  whereas  the  Hudson's  Bay  Company  desires  to  be  au- 
thorized to  construct,  repair  and  maintain  a  toll  ferry  over  the 
said  Assiniboine  River. 

Her  Majesty,  by  and  with  the  advice  and  consent,  of  the 
ISTorth-West  Council,  enacts  as  follows : — 

The  said  Hudson's  Bay  Company  is  hereby  authorized  to 
build,  repair  and  maintain,  at  its  own  cost  and  expense,  a  good 
and  substantial  Ferry  over  the  said  Assiniboine  River  in  the 
Icoality  aforesaid — said  Ferry  to  be  completed  the  31st  Decem- 
ber 1876 — and  to  have  toll  houses,  and  also  shall  be  bound  to 
execute  all  such  other  matters  and  things  as  shall  be  necessary 
and  useful  or  advantageous  for  erecting  and  constructing,  keep- 
ing up  and  maintaining  the  said  Ferry,  houses,  ropes  and  ap- 
proaches and  other  dependencies  according  to  the  true  intent 
and  meaning  of  this  Act. 

%  During  the  continuance  of  the  privileges  by  this  Act  con- 
ferred, it  shall  be  lawful  for  the  said  Honorable  Hudson's  Bay 
Company  to  ask,  demand,  receive,  take  sue  for,  recover  to  and 
for  its  OAvn  proper  use,  benefit  and  behalf,  for  ferriage,  as,  or 
in  the  name  of  toll  or  duty  before  any  passage  over  the  said 


PIOiS^EER    LEGISLATION  1073 

Ferry  be  permitted  or  after  such  passage,  the  several  sums  fol- 
lowing, viz : — 

For  every  vehicle  drawn  by  one  horse  or  ox 20  cents. 

"        "        vehicle  drawn  by  two  horses  or  oxen..  30  " 
"        "       vehicle     drawn     by     more     than     two 

horses  or  oxen  50  " 

"        "       horse,  ox  or  cow   10  " 

"        "       sheep,  hog:,  calf  or  colt 8  " 

"        "       horse    with    its    rider 20  " 

"        "       foot    passenger    8  " 

"    other  articles  or  goods  without  vehicle  over 

one  hundred  pounds,  per  100  lbs..  2  " 

3.  It  shall  be  lawful  for  the  said  Hudson's  Bay  Company 
to  diminish  the  said  Tolls  or  any  of  them  and  then  afterwards, 
if  it  sees  fit,  to  augment  the  same  or  any  of  them,  so  as  not  to 
exceed  in  any  case  the  rate  by  tliis  Act  authorized  to  be  taken, 
and  it  shall  affix  or  cause  to  be  affixed  in  some  conspicuous  place 
at  or  near,  the  said  Ferry,  a  table  of  the  rates  payable  for  pass- 
ing over  the  said  Ferry,  and  so  often  as  such  rates  may  be 
diminished  or  augmented  it  shall  cause  such  alteration  to  be 
affixed  in  manner  aforesaid, 

4.  If  any  person  shall  forcibly  pass  over  or  upon  the  said 
Ferry  without  paying  the  said  Toll  or  any  part  thereof,  or 
shall  interrupt  or  disturb  the  said  Hudson's  Bay  Company  or 
any  person  or  persons  employed  by  it  in  building  or  repairing 
the  said  Ferry  or  any  road  or  avenue  leading  thereto  or  in  the 
working  of  the  said  Ferry — every  person  so  offending  in  each 
of  the  cases  aforesaid,  sball  for  every  such  offence,  forfeit  a 
sum  not  exceeding  ten  dollars,  or  in  default  of  payment  be 
imprisoned  for  a  period  not  exceeding  ten  days. 

5.  At  all  times  so  long  as  the  said  Ferry  is  passable  or  open 
for  use  of  the  public,  no  person  whatsoever  shall  erect,  con- 
struct or  build  or  use  any  boits  or  rafts  of  any  description 
whatever  for  the  passage  of  any  person,  cattle  or  vehicle  what- 
soever, for  hire,  across  the  said  Kiver  wijhin  a  distance  of  five 
miles  of  the  said  Ferry,  and  any  person  who  shall  build  any 
boat  or  raft  or  use  the  snme  for  ferriage  over  the  said  river 
within  the  limits  aforesaid,  or  shall  ferry,  for  hire,  within  the 
limits  aforesaid,  shall,  without  prejudice  to  any  proceedings 
which  may  be  institi"'ted  against  him  bv  the  said  Hudson's  Bay 
Companv,  before  ^'nv  Court,  to  cause  its  privile^res  to  be  other- 
wise respected,  pay  to  the  said  Hudson's  Bay  Company,  treble 
the  tolls  hereby  imposed  f^r  all  persons,  cnttle,  horses  and 
vehicles  pissing;  over  such  ferries,  boats  or  rafts  or  by  means 
of  any  of  them. 

28159—68 


1074  CANADIAN  AKCHIVES 

6.  And  tile  said  Hudson's  Bay  Company  to  entitle  itself  to 
the  benefit  and  advantage  to  it  by  this  Act  granted,  shall  be 
bound  to  put  the  said  Ferry  into  a  good  and  safe  condition  for 
the  passage  of  traders,  travellers,  cattle  and  vehicles :  and,  if 
the  said  Ferry,  ropes,  boats  or  other  appurtenances  of  the  said 
Ferry  should  by  accident  or  otherwise,  be  broken,  lost  or 
destroyed,  the  said  Hudson's  Bay  Company  shall  be  bound  to 
replace  the  same,  within  twelve  months  next  following  the 
breaking,  losing  or  destruction  of  the  said  ropes,  boats,  or 
appurtenances,  under  penalty  of  forfeiture  of  the  advantages 
to  it  by  this  Act  granted,  and  during  such  time  as  the  regular 
Ferry  is  not  in  running  order,  by  accident  or  otherwise,  unless 
the  said  Hudson's  Bay  Company  maintain  a  crossing  of  some 
kind  the  privileges  hereby  granted  shall  cease  to  be  in  force 
until  the  regular  Ferry  is  in  ruiming  order. 

7.  The  penalties  hereby  inflicted,  shall  upon  proof  of  the 
offence  respectively  before  any  one  or  more  Justices  of  the 
Peace  or  Magistrate  for  the  District,  or  before  any  other  Court 
of  competent  Jurisdiction  either  by  the  confession  of  the 
offender  or  by  the  oath  of  one  or  more  credible  witness,  or  wit- 
nesses,— which  oath  such  Justice,  Court,  or  Magistrate,  is  here- 
by empowered  and  required  to  administer — be  levied  by  dis- 
tress and  the  sale  of  the  goods  and  chattels  of  such  offender  by 
warrant  signed  by  such  Justice  or  Justices  of  the  Peace  or 
Magistrate  or  issued  by  such  Court,  and  the  overplus  after  such 
penalties  and  the  charges  of  such  distress  and  sale  are  deducted, 
shall  be  returned,  on  demand  to  the  owner  of  such  goods  and 
chattels,  and  such  penalties  shall  belong  to  the  said  Hudson's 
Bay  Company  or  its  assigns. 

All  the  powers,  privileges  and  immunities  hereby  granted 
to  the  said  Hudson's  Bay  Company  shall  be  vested  in  the  said 
Hudson's  Bay  Company. 

9.  This  Act  and  the  provisions  hereinbefore  contained  shall 
be  in  force  for  the  period  of  ten  years  from  the  passing  thereof. 

10.  ISTothing  contained  in  this  Act  shall  be  deemed  to  affect 
the  right  of  passage  up  and  down  the  stream  of  any  steamboats, 
vessels,- boats  or  rafts. 

11.  The  dimensions  of  the  vessels  used  for  the  crossing  the 
said  Ferry  and  the  conditions  on  which  they  shall  be  put  in 
operation  shall  be  subject  to  any  regulations  which  may  be 
made,  from  time  to  time,  by  the  Lieutenant  Governor  in  Coun- 
cil in  regard  to  the  same- 

12.  Her  Majesty,  Her  Heirs  and  Successors,  may  at  any 
time,  assume  the  possession  and  property  of  the  said  Ferry  and 


PIONEER    LEGISLATION  1075 

of  all  the  rights,  privileges  and  advantages  attached  thereto — all 
which  shall,  after  such  assumption  be  vested  in  Her  Majesty, 
Her  Heirs  and  Successors — on  giving  to  the  party  or  parties 
holding  the  same  one  month's  notice  thereof  and  on  paying  to 
them  the  value  of  the  same  to  be  fixed  by  three  Arbitrators  or 
the  majority  of  them,  one  to  be  chosen  by  the  Lieutenant  Gov- 
ernor of  the  ISTortli  West,  another  by  the  party  or  parties  hold- 
ing the  same  and  the  third  by  the  two  first  arbitrators — the 
Arbitrators  having  full  power  to  consider  in  the  valuation  the 
expenses  incurred  in  connection  with  the  said  Ferry,  the  traffic 
on  the  same,  and  its  past  and  present  and  prospective  business. 

13.  This  Act  shall  be  deemed  a  public  Act. 

The  Council  then  resolved  itself  into  a  Committee  of  the 
whole  to  consider  the  Bill  entitled  "  An  Act  to  incorporate  Les 
Pieverends  Peres  Oblats  in  the  diocese  of  St.  Albert ",  and  after 
some  time  in  Committee  thereon,  the  Committee  reported  that 
they  had  considered  the  said  Bill  and  made  certain  progress 
with  regard  thereto  and  asked  leave  to  sit  again  at  the  next 
Session  of  Council — which  was  ordered. 

The  Coun-cil  then  adjourned. 

(Sgd)     FRANK  O.  BECHER, 

A.C.N.W.C. 


Jf.  The  North-West  Territories  Act,  1875. 

Chap.  49. 

An  Act  to  amend  and  consolidate  the  Laws  respecting  the 
]^orth-West  Territories. 

[Assented  to  8th  April,  1875-] 

Whereas  it  is  expedient  to  amend  and  consolidate 
the  laws  respecting  the  ISTorth  West  Territories ;  There- 
fore, Her  Majesty,  by  and  with  the  advice  and  consent  of  the 
Senate  and  House  of  Commons  of  Canada,  enacts  as  follows : — 

GOVERNMENT  AND  LEGISLATION. 

1.  The  Territories  formerly  known  as  "  Rupert's  Land " 
and  the  E'orth- Western  Territory,  (with  the  exception  of    such 
28159— 68i 


1076  CANADIAN  ARCHIVES 

portion  thereof  as  forms  the  Province  of  Manitoba),  shall  con- 
tinue to  be  styled  and  known  as  the  North- West  Territories; 
and  the  word  "  Territories/'  in  this  Act^  means  the  said  Terri- 
tories. 

(2.)  For  the  ISTorth-West  Territories  there  shall  be  an  officer 
tiyled  the  Lieutenant-Governor,  appointed  by  the  Governor 
General  in  Council,  by  instrument  under  the  great  seal  of 
Canada,  who  shall  hold  office  during  the  pleasure  of  the  Gov*, 
ernor  General;  and  the  Lieutenant-Governor  shall  administer 
the  government  under  instructions  from  time  to  time  given  him 
by  Order  in  Council,  or  by  the  Secretary  of  State  of  Canada : 

2.  Every  Lieutenant-Governor  so  appointed  shall,  before 
assuming  the  duties  of  his  office,  make  or  subscribe  before  the 
Governor  General  or  some  person  duly  authorized  to  administer 
such  oaths,  an  oath  of  allegiance  or  office  similar  to  those  pre- 
scribed to  be  taken  by  a  Lieutenant-Governor,  under  *•  The 
British  North  America  Act,  1867." 

3.  The  Governor-General,  with  the  advice  of  the  Queen's 
Privy  Council  for  Canada,  by  warrant  under  his  privy  seal, 
may  constitute  and  appoint  such  and  so  many  persons  from 
time  to  time,  not  exceeding  in  the  whole  five  persons, — of  which 
number  the  Stipendiary  Magistrates  hereinafter  mentioned 
shall  be  members  ex  officio, — to  be  a  Council  to.  aid  the  Lieut- 
enant- Governor  in  the  administration  of  the  ISTorth-West  Terri- 
tories, with  such  powers,  not  inconsistent  with  this  Act,  as  may 
be,  from  time  to  time,  conferred  upon  them  by  the  Governor 
General  in  Council;  and  a  majority  shall  form  a  quorum- 

4.  The  seat  of  government  of  the  ITorth-West  Territories 
shall  be  fixed,  and  may,  from  time  to  time,  be  changed  by  the 
Governor  General  in  Council. 

5.  There  shall  be  payable  out  of  the  Consolidated  Revenue 
Fund  of  Canada,  the  following  sums,  annually,  that  is  to  say : — 

To  the  Lieutenant-Governor,  not  exceeding $7,000 

To  the  Stipendiary  Magistrates,  each,  not  exceed- 
ing       3,000 

To  two  members  of  Council,  each,  not  exceeding,  .      1,000 
To  the  Clerk  of  the  Council,  who  shall  also  act  as 
and  perform   the   duties   of   Secretary  to   the 
Lieutenant-Governor,  not  exceeding 1,800 

Together  with  such  sums  of  money  as  may,  from  time  to 
time,  be  fixed  by  the  Governor  in  Council  in  respect  of  travel- 
ling allowances  for  anv  of  the  officers  above  named. 


PIONEER    LEGISLATION  1077 

6.  All  laws  and  ordinances  now  in  force  in  the  North-West 
Territories,  and  not  repealed  by  or  inconsistent  with  this  Act, 
shall  remain  in  force  until  it  is  otherwise  ordered  by  the  Par- 
liament of  Canada,  by  the  Governor  in  Council,  or  by  the  Lieut- 
enant-Governor and  Council  under  the  authority  of  this  Act. 

7.  The  Lieutenant-Governor,  by  and  with  the  advice  and 
consent  of  the  Council  of  the  North-West  Territories,  may 
make,  ordain  and  establish  ordinances  as  to  matters  coming 
within  the  classes  of  subjects  next  hereinafter  enumerated,  that 
is  to  say: — 

(1.)    Taxation  for  local  and  municipal  purposes; 

(2.)   Property  and  civil  rights  in  the  Territories; 

(3.)  The  administration  of  justice  in  the  Territories,  in- 
cluding maintenance  and  organization  of  courts,  both  of  civil 
and  criminal  jurisdiction,  and  including  procedure  in  civil 
matters  in  these  courts,  but  the  appointment  of  any  judges  of 
the  said  courts  shall  be  made  by  the  Governor  General  in  Coun- 
cil; 

(4.)   Public  health; 

The  licensing  of  inns  and  places  of  refreshment ; 

Landmarks  and  boundaries ; 

Cemeteries ; 

Cruelty  to  animals*. 

Game  and  wild  animals  and  the  care  and  protection  there- 

Injury  to  public  morals  ; 

Nuisances ; 

Police ; 

Roads,  highways  and  bridges ; 

The  protection  of  timber; 

Gaols  and  lock-up  houses ; 

(5.)  Generally,  all  matters  of  a  merely  local  or  private 
nature ; 

(6.)  The  imposition  of  punishment,  by  fine  or  penalty  or 
imprisonment,  for  enforcing  any  ordinance  of  the  Territories 
made  in  relation  to  any  matter  coming  within  any  classes  of 
subjects  herein  enumerated ; 

(7.)  Provided  that  no  ordinance  to  be  so  made  by  the  Lieu- 
tenant-Governor with  the  advice  and  consent  of  the  Conncil 
of  the  said  Territories,  shall, —  (1)  be  inconsistent  with  or 
alter  or  repeal  any  provisions  of  any  Act  of  the  Parliament 
of  Canada  in  Schedule  B.  of  this  Act,  or  of  any  Act  of  the 
Parliament  of  Canada,  which  may  now,  or  at  any  time  here- 


1078  CANADIAN  ARCHIVES 

after,  expressly  refer  to  the  said  Territories,  or  wtiicii  or  any 
part  thereof  may  be  at  any  time  made  by  the  Governor  in 
Council  applicable  to  or  to  be  in  force  in  the  said  !North-West 
Territories;  or,  (2.)  impose  any  fine  or  penalty  exceeding  one 
hundred  dollars; 

(8.)  And  provided  that  a  copy  of  every  such  ordinance 
made  by  the  Lieutenant-Governor  and  Council  shall  be  mailed 
for  transmission  to  the  Governor  General  within  ten  days  after 
its  passing,  and  may  be  disallowed  by  him  at  any  time  within 
two  years  after  its  passing;  provided  also,  that  all  such  orders 
in  Council,  and  all  ordinances  so  to  be  made  as  aforesaid,  shall 
be  laid  before  both  Houses  of  Parliament  as  soon  as  conven- 
iently may  be  after  the  making  and  enactment  thereof  respect- 
ively. 

8.  The  Governor  in  Council  may,  by  proclamation,  from 
time  to  time,  direct  that  any  Act  of  the  Parliament  of  Canada, 
or  any  part  or  parts  thereof,  or  any  one  or  more  of  the  sections 
of  any  one  or  more  of  any  such  Acts  shall  be  in  force  in  the 
iNTorth-West  Territories  generally,  or  in  any  part  or  parts  there- 
of to  be  mentioned  in  the  said  proclamation  for  such  purpose. 

9.  Provided  further,  that  when  and  so  often  as  any  elec- 
toral district  shall  be  established  as  hereinafter  provided,  the 
Lieutenant-Governor  by  and  with  the  consent  of  the  Council 
or  Assembly,  as  the  case  may  be,  shall  have  power  to  pass  ordin- 
ances for  raising  within  such  district  by  direct  taxation,  or  on 
shop,  saloon,  tavern  or  any  other  such  licenses,  a  revenue  for 
local  and  for  municipal  purposes  of  such  district,  and  for  the 
collection  and  appropriation  of  the  same  in  th6  promotion  of 
such  purposes  respectively. 

10.  Whenever  any  electoral  district  shall  be  found  to  con- 
tain not  less  than  one  thousand  inhabitants,  the  Lieutenant- 
Governor,  by  and  with  the  consent  of  the  Council  or  Assembly, 
as  the  case  may  be,  may  pass  ordinances  erecting  the  same  into 
a  municipal  corporation  or  corporations  as  they  may  think  fit: 
and  thenceforth  the  power  of  the  Lieutenant-Governor  and 
Council  or  Assembly  as  herein  conferred  in  respect  of  taxation 
for  municipal  purposes  shall  cease;  and  every  such  municipal 
corporation  shall  thenceforth  have  the  right  to  pass  by-laws  for 
raising  within  such  municipality  by  taxation  a  revenue  for 
municipal  purposes  in  such  district,  and  for  the  collection  and 
appropriation  of  the  same  in  the  promotion  thereof;  and  the 
Lieutenant-Governor  and  Council  or  Assembly,  as  the  case  may 
be,  shall  pass  an  ordinance  or  ordinances  prescribing  the  powers 


PIONEER    LEGISLATION  1079 

and  authorities  which  may  be  exercised  by  any  such  municipal 
corporation  and  the  mode  and  extent  of  such  taxation:  Pro- 
vided that  the  power  herein  given  to  the  Lieutenant-Governor 
and  Council  or  Assembly,  as  the  case  may  be,  of  taxation  for 
local  purposes  of  such  district  shall  not  be  prejudiced  by  the 
erection  of  the  same  into  a  municipality  or  municipalities,  but 
such  power  shall  continue  vested  in  them  in  respect  of  local 
purposes  not  comprised  within  such  municipal  purposes  as  to 
which  powers  may  be  conferred  by  any  ordinance  or  ordinances 
as  aforesaid. 

11.  When,  and  so  soon  as,  any  system  of  taxation  shall  be 
adopted  in  any  district  or  portion  of  the  ISTorth-West  Terri- 
tories, the  Lieutenant-Governor,  by  and  with  the  consent  of  the 
Council  or  Assembly,  as  the  case  may  be,  shall  pass  all  neces- 
sary ordinances  in  respect  to  education ;  but  it  shall  therein  be 
always  provided,  that  a  majority  of  the  ratepayers  of  any  dis- 
trict or  portion  of  the  ISTorth-West  Territories,  or  any  lesser 
portion  or  sub-division  thereof,  by  whatever  name  the  same 
may  be  known,  may  establish  such  schools  therein  as  they  may 
think  fit,  and  make  the  necessary  assessment  and  collection  of 
rates  therefor ;  and  further,  tliat  the  minority  of  the  rate-payers 
therein,  whether  Protestant  or  Roman  Catholic,  may  establish 
separate  schools  therein,  and  that,  in  such  latter  case,  the  rate- 
])avers  establishing  such  Protestant  or  Roman  Catholic  separate 
schools  shall  be  liable  only  to  assessments  of  such  rates  as  they 
may  impose  upon  themselves  in  respect  thereof. 

12.  Any  copy  of  any  proclamation  or  order  made  by  the 
Governor  in  Council,  or  ordinance,  proclamation  or  order  made 
by  the  Lieutenant-Governor  and  Council  or  Assembly,  as  the 
case  may  be,  of  the  ISTorth-West  Territories,  printed  in  the 
Canada  Gazette,  or  purporting  to  be  printed  by  the  Queen's 
Printer  at  Ottawa  or  Printer  to  the  Government  of  Manitoba 
at  Winnipeg,  or  to  the  Government  of  the  !N"orth-West  Terri- 
tories, shall  be  prima  facie  evidence  of  such  proclamation  or 
order,  and  that  it  is  in  force. 

ELECTION    OF    MEMBERS   OF    COUNCIL    OR   ASSEMBLY. 

13-  When  and  so  soon  as  the  Lieutenant-Governor  is  satis- 
fied by  such  proof  as  he  may  require,  that  any  district  or  portion 
of  the  JSTorth-West  Territories,  not  exceeding  an  area  of  one 
thousand  square  miles,  contains  a  population  of  not  less  than 
one  thousand  inhabitants  of  adult  age,  exclusive  of  aliens  or  un- 
enfranchised Indians,  the  Lieutenant-Governor  shall,  by  procla- 


1080  CANADIAN  ARCHIVES 

mation,  erect  such  district  or  portion  into  an  electoral  district, 
by  a  name  and  with  boundaries  to  be  respectively  declared  in 
the  proclamation,  and  such  electoral  district  shall  thenceforth 
be  entitled  to  elect  a  member  of  the  Council  or  of  the  Legisla- 
tive Assembly,  as  the  case  may  be. 

2.  The  Lieutenant-Grovernor  shall  thereafter  cause  a  writ 
to  be  issued  by  the  Clerk  of  the  Council  in  .such  form  and 
addressed  to  such  Returning  Officer  as  he  thinks  fit ;  and  until 
the  Lieutenant-Governor  and  Council  of  the  Province  otherwise 
provides,  he  shall  by  proclamation  prescribe  and  declare  the 
mode  of  providing  voters'  lists,  the  oaths  to  be  taken  by  voters, 
the  powers  and  duties  of  Returning  and  Deputy  Returning 
Officers,  the  proceedings  to  be  observed  at  such  election  and  the 
period  during  which  such  election  may  be  continued,  and  such 
other  provisions  in  respect  to  such  election  as  he  may  think  fit. 

3.  The  persons*  qualified  to  vote  at  such  election  shall  be 
the  ho77d  fide  male  residents  and  householders  of  adult  age,  not 
being  aliens,  or  unenfranchised  Indians,  within  the  electoral 
district,  and  shall  have  respectively  resided  in  such  electoral 
district  for  at  least  twelve  months  immediately  preceding  the 
issue  of  the  said  writ. 

4.  Any  person  entitled  to  vote  may  be  elected- 

5.  "When  and  so  soon  as  the  Lieutenant-Governor  is  satis- 
fied as  aforesaid,  that  any  electoral  district  contains  a  popu- 
lation of  two  thousand  inhabitants  of  adult  age,  exclusive  of 
aliens  or  unenfranchised  Indians,  he  shall  issue  his  writ  for 
the  election  of  a  second  member  for  the  electoral  district. 

6.  When  the  number  of  elected  members  amounts  to  twenty- 
one,  the  Council  hereinbefore  appointed  shall  cease  and  be 
determined,  and  the  members  so  elected  shall  be  constituted  and 
designated  as  the  Legislative  Assembly  of  the  l!Torth-West  Terri- 
tories, and  all  the  powers  by  this  Act  vested  in  the  Council  shall 
be  thenceforth  vested  in  and  exercisable  by  the  said  Legislative 
Assembly. 

7.  The  number  of  members  so  to  be  elected,  as  hereinbefore 
mentioned,  shall  not  exceed  twenty-one,  at  which  number  the 
representation  shall  remain ;  the  members  so  elected  shall  hold 
their  seats  for  a  period  not  exceeding  two  years- 

DESCENT  OF  REAL  ESTATE. 

14.  Whenever  any  person  dies  seized  in  fee  simple  or  for 
the  life  of  another,  of  any  real  estate  in  the  l^orth-West  Terri- 


PIONEER    LEGISLATION  1081 

tories,  without  having  lawfully  devised  the  same,  such  real 
estate  shall  descend  or  pass  by  way  of  succession  in  manner  fol- 
lowing that  is  to  say: — 

Firstly,  To  his  lineal  descendants,  and  those  claiming  by 
or  under  them,  per  stirpes; 

Secondly,  To  his  father; 

Thirdly,  To  his  mother ;  and 

Fourthly,  To  his  collateral  relatives, — 

Subject  in  all  cases  to  the  rules  and  regulations  hereinafter 
prescribed. 

15.  If  the  intestate  leaves  several  descendants  in  the  direct 
line  of  lineal  descent,  and  all  of  equal  degree  of  consanguinity 
to  such  intestate,  the  inlieritance  shall  descend  to  such  persons 
in  equal  parts,  however  remote  from  the  intestate  the  common 
degree  of  consanguinity  may  be. 

16.  If  any  one  or  more  of  the  children  of  such  intestate  be 
living,  and  any  one  or  more  be  dead,  the  inheritance  shall 
descend  to  the  children  who  are  living,  and  to  the  descendants 
of  such  children  as  have  died,  so  that  each  child  who  shall  be 
living  shall  inherit  such  share  as  would  have  descended  to  him 
if  all  the  children  of  the  intestate  w^ho  have  died  leaving  issue, 
had  been  living;  and  so  that  the  descendants  of  each  child  who 
shall  be  dead  shall  inherit  in  equal  shares  the  share  which  their 
parent  would  have  received  if  living- 

17.  The  rule  of  descent  prescribed  in  the  last  preceding 
section  shall  apply  in  every  case  where  the  descendants  of  the 
intestate,  entitled  to  share  in  the  inheritance,  shall  be  of  un- 
equal degrees  of  consanguinity  to  the  intestate,  so  that  those  who 
are  in  the  nearest  degree  of  consanguinity  shall  take  the  shares 
which  would  have  descended  to  them,  had  all  the  descendants 
in  the  same  degree  of  consanguinty  who  have  died  leaving  issue, 
been  living,  and  so  that  the  issiie  of  the  descendants  who  have 
died,  shall  respectively  take  the  shares  which  their  parents,  if 
living  would  have  received. 

18.  In  case  the  intestate  dies  without  lawful  descendants, 
and  leaving  a  father,  then  the  inheritance  shall  go  to  such 
father,  unless  the  inheritance  came  to  the  intestate  on  the  part 
of  his  mother,  and  such  mother  be  living;  and  if  such  mother 
be  dead,  the  inheritance  descending  on  her  part  shall  go  to  the 
father  for  life,  and  the  reversion  to  the  brothers  and  sisters  of 
the  intestate  and  their  descendants,  according  to  the  law  of 
inheritance  by  collateral  relatives,  hereinafter  provided ;  and 


1082  CANADIAlSr    ARCHIVES 

if  there  be  no  such  brothers  or  sisters  or  their  descendants  liv- 
ing, such  inheritance  shall  go  to  the  father. 

19.  If  the  intestate  dies  without  descendants  and  leaving 
no  father  or  leaving  a  father  not  entitled  to  take  the  inheri- 
tance under  the  last  preceding  section,  and  leaving  a  mother 
and  a  brother  or  sister,  or  the  descendant  of  a  brother  or  sister, 
then  the  inheritance  shall  descend  to  the  mother  during  her 
life,  and  the  reversion  to  such  brother  or  sister  of  the  intestate 
as  may  be  living  and  the  descendants  of  such  as  may  be  dead, 
according  to  the  same  law  of  inheritance  hereinafter  provided ; 
and  if  the  intestate  in  such  case  leaves  no  brother  or  sister,  nor 
any  descendant  of  any  brother  or  sister,  the  inheritance  shall 
descend  to  the  mother- 

20.  If  there  be  no  father  or  mother  capable  of  inheriting 
the  estate  it  shall  descend,  in  the  cases  hereinafter  specified, 
to  the  collateral  relatives  of  the  intestate;  and  if  there  be 
several  of  such  relatives,  all  of  equal  degree  of  consanguinity 
to  the  intestate,  the  inheritance  shall  descend  to  them  in  equal 
parts,  however  remote  from  the  intestate  the  common  degree  of 
consanguinity  may  be. 

21.  If  all  the  brothers  and  sisters  of  the  intestate  be  living, 
the  inheritance  shall  descend  to  such  brothers  and  sisters; 
and  if  any  one  or  more  of  them  be  living,  and  any  one  or  more 
be  dead,  then  to  the  brothers  and  sisters  and  every  of  them  who 
are  living,  and  to  the  descendants  of  such  brothers  and  sisters 
as  have  died,  so  that  each  brother  or  sister  who  may  be  living 
shall  inherit  such  share  as  would  have  descended  to  him  or  her, 
if  all  the  brothers  or  sisters  of  the  intestate  who  have  died  leav- 
ing issue,  had  been  living,  and  so  that  such  descendants  shall 
inherit  in  equal  shares  the  share  which  their  parent,  if  living, 
would  have  received. 

22.  The  same  law  of  inheritance  as  prescribed  in  the  last 
section  shall  prevail  as  to  the  other  direct  lineal  descendants 
of  every  brother  and  sister  of  the  intestate,  to  the  remotest  de- 

.gree,  whenever  such  descendants  are  of  unequal  degree. 

23-  If  there  be  no  heir  entitled  to  take  under  any  of  the 
preceding  nine  sections,  then  the  inheritance,  if  the  same  came 
to  the  intestate  on  the  part  of  his  father,  shall  descend — 

Firstly.  To  the  brothers  and  sisters  of  the  father  of  the 
intestate  in  equal  shares,  if  all  be  living ; 

Secondly.  If  one  or  more  be  living,  and  one  or  more  have 
died  leaving  issue,  then  to  such  brothers   and  sisters  as   are 


PIONEER    LEGISLATION  1083 

living,  and  to  the  descendants  of  such  of  the  said  brothers  and 
sisters  as  have  died,  in  equal  shares. 

Thirdly.  If  all  such  brothers  and  sisters  have  died,  then 
to  their  descendants ;  and  in  all  such  cases  the  inheritance  shall 
descend  in  the  same  manner  as  if  all  such  brothers  and  sisters 
had  been  the  brothers  and  sisters  of  the  intestate. 

24.  If  there  be  no  brothers  or  sisters,  or  any  of  them,  of 
the  father  of  the  intestate,  and  no  descendants  of  such  brothers 
or  sisters,  then  the  inheritance  shall  descend  to  the  brothers  and 
sisters  of  the  mother  of  the  intestate,  and  to  the  descendants  of 
such  of  the  said  brothers  and  sisters  as  have  died,  or  if  all  have 
died,  then  to  their  descendants,  in  the  same  manner  as  if  all 
such  brothers  and  sisters  had  been  the  brothers  and  sisters  of 
the  father- 

25.  In  all  cases  not  herein  provided  for,  where  the  inherit- 
ance came  to  the  intestate  on  the  part  of  his  mother,  the  same, 
instead  of  descending  to  the  brothers  and  sisters  of  the  intes- 
tate's father,  and  their  descendants,  as  prescribed  in  the  pre- 
ceding twenty-third  section,  shall  descend  to  the  brothers  and 
sisters  of  the  intestate's  mother,  and  to  their  descendants,  as 
directed  in  the  last  preceding  section;  and  if  there  be  no  such 
brothers  and  sisters  or  descendants  of  them,  then  such  inherit- 
ance shall  descend  to  the  brothers  and  sisters,  and  their  descend- 
ants, of  the  intestate's  father,  as  before  prescribed. 

26.  In  cases  where  the  inheritance  has  not  come  to  the  in- 
testate on  the  part  of  either  the  father  or  the  mother,  the  inherit- 
ance shall  descend  to  the  brothers  and  sisters  both  of  the  father 
and  mother  of  the  intestate  in  equal  shares,  and  to  their  descend- 
ants, in  the  same  manner,  as  if  all  such  brothers  and  sisters  had 
been  the  brothers  and  sisters  of  the  intestate. 

27.  Relatives  of  the  half-blood  shall  inherit  equally  with 
those  of  the  whole  blood  in  the  same  degree,  and  the  descend- 
ants of  such  relatives  shall  inherit  in  the  same  manner  as  the 
descendants  of  the  whole  blood,  unless  the  inheritance  came  to 
the  intestate  by  descent,  devise  or  gift  of  some  one  of  his  ances- 
tors ;  in  which  case  all  those  who  are  not  of  the  blood  of  such 
ancestors  shall  be  excluded  from  such  inheritance. 

28.  On  failure  of  heirs  under  the  preceding  rules,  the  in- 
heritance shall  dciscend  to  the  remaining  next  of  kin  of  the 
intestate,  according  to  the  rules  in  the  English  statute  of  dis- 
tributions of  personal  estate. 

29.  Whenever  there  is  but  one  person  entitled  to  inherit 
according  to  the  provisions  hereinbefore  contained,   he   shall 


1084  CANADIAN    AECniVES 

take  and  hold  the  inheritance  solely ;  and  wherever  an  inherit- 
ance or  a  share  of  an  inheritance  shall  descend  to  several  per- 
sons under  such  provisions,  they  shall  take  as  tenants  in  com- 
mon in  proportion  to  their  respective  rights. 

30.  Descendants  and  relatives  of  the  intestate  begotten 
before  his  death,  but  born  thereafter,  shall  in  all  cases  inherit 
in  the  same  manner  as  if  they  had  been  born  in  the  lifetime 
of  the  intestate,  and  had  survived  him. 

31-  Children  and  relatives  who  are  illegitimate  shall  not 
be  entitled  to  inherit  under  any  of  the  provisions  of  this  Act. 

32.  The  estate  of  a  widow  as  tenant  in  dower,  shall  not 
be  affected  by  any  of  the  provisions  hereinbefore  contained. 

OTHER    PROVISIONS    AS    TO    REAL    ESTATE. 

33.  Aliens  may  acquire,  inherit,  grant,  lease  and  devise 
real  estate  within  the  jSTorth-West  Territories. 

34.  All  lands,  tenements  and  hereditaments,  and  any  share 
or  interest  therein  shall,  as  regards  the  conveyance  of  the 
immediate  freehold  thereof,  be  deemed  to  lie  in  grant  as  well 
as  in  livery.  Deeds  of  grant  shall  be  executed  and  delivered 
in  duplicate  attested  by  one  witness,  and  the  execution  and 
delivery  thereof  duly  proved  on  oath,  for  the  purpose  of  regis- 
tration. 

35.  A  feoffment,  otherwise  than  by  deed,  shall  be  void  at 
law;  and  no  feoffment  shall  have  any  tortious  operation. 

36.  Any  corporation  aggregate  in  the  ITorth-West  Terri- 
tories capable  of  taking  and  convevin^'  land,  shall  be  deemed 
to  be  capable  of  taking  and  conveying  land  by  deed  of  bargain 
and  sale  in  like  manner  as  any  person  in  his  natural  capacity. 

37.  "No  deed  of  bargain  and  sale  of  land  in  the  ISTorth-West 
Territories,  shall  require  enrolment  or  registration  to  supply 
the  place  of  enrolment,  for  the  mere  purpose  of  rendering  such 
bargain  and  sale  a  valid  and  effectual  conveyance  for  passing 
the  land  thereby  intended  to  be  bargained  and  sold. 

WILLS. 

38.  Every  person  may  devise,  bequeath,  or  dispose  of,  by 
will  executed  in  manner  hereinafter  mentioned,  all  real  estate 
and  personal  estate  which  he  shall  be  entitled  to,  either  at  law 
or  in  equity,  at  the  time  of  his  death,  and  which,  if  not  so 
devised  ,bequeathed  or  disposed  of,  would  devolve  upon  his  heir 
at  law,  or  upon  his  executor  or  administrator. 


PIONEER    LEGISLATION  1085 

39.  ISTo  will  made  by  any  person  under  the  age  of  twenty- 
one  years  shall  be  valid. 

40.  No  will  shall  be  valid  unless  it  shall  be  in  writing,  and 
executed  in  manner  hereinafter  mentioned ;  that  is  to  say,  it 
shall  be  signed  at  the  foot  or  end  thereof  by  the  testator,  or  by 
some  other  person  in  his  presence,  and  by  his  direction ;  and 
such  signature  shall  be  made  or  acknowledged  by  the  testator 
in  the  presence  of  two  or  more  witnesses,  present  at  the  same 
time;  and  such  witnesses  shall  attest  and  shall  subscribe  the 
will  in  the  presence  of  the  testator — but  no  form  of  attestation 
shall  be  necessary. 

41.  Every  will  executed  in  manner  hereinbefore  required, 
•shall  be  valid  without  anv  other  publication  thereof. 

42.  If  any  person  who  attests  the  execution  of  a  will  shall, 
at  the  time  of  the  execution  thereof,  or  at  any  time  after- 
wards, be  incompetent  to  be  admitted  a  witness  to  prove  the 
execution  thereof,  such  will  shall  not  on  that  account  be  invalid. 

43.  No  person  shall,  on  account  of  his  being  an  executor 
of  a  will,  be  incompetent  to  be  admitted  a  witness  to  prove 
the  execution  of  such  w^ill.  or  a  witness  to  prove  the  validity 
or  invalidity  thereof. 

44.  If  any  person  shall  attest  the  execution  of  any  will,  to 
whom,  or  to  whose  wife  or  husband,  any  beneficial  devise  or 
legacy  affecting  any  real  or  personal  estate  (other  than  charges 
for  payment  of  debts)  shall  be  thereby  given, — such  devise  or 
legacy  shall  so  far  only  as  concerns  such  person  atte^tiu"-  the 
e'^-e^ution  of  such  will,  or  the  wife  or  husband  of  such  person, 
or  any  person  claiming  under  such  person,  wife  or  husband,  be 
utterly  null  and  void ;  and  such  person  so  attesting  shall  be 
admitted  to  prove  the  execution  of  such  will,  or  the  validity  or 
invalidity  of  such  will  notwithstanding  such  devise  or  legacy. 

45.  ISTo  will  o-r  codicil,  or  any  part  thereof,  shall  be  revoked 
otherwise  than  by  marriage  or  by  another  will  or  codicil 
executed  in  manner  hereinbefore  required,  or  by  some  writing 
declaring  an  intention  to  revoke  the  same,  and  executed  in  the 
manner  in  which  a  will  is  hereinbefore  required  to  be  executed, 
or  by  the  burning,  tearing  or  otherwise  destroying  the  same,  by 
the  testator,  or  by  some  person  in  his  presence  and  by  his  direc- 
tion with  the  intention  of  revoking  the  same- 

46.  Every  will  shall  be  construed  with  reference  to  the 
real  and  personal  estate  comprised  in  it  to  speak  and  take  effect 
as  if  it  had  been  executed  immediately  before  the  death  of  the 
testator,  unless  a  contrary  intention  appears  by  the  will. 


1086  CANADIAN  ARCHIVES 

47.  Where  any  real  estate  is  devised  to  any  person  without 
any  words  of  limitation,  such  devise  shall  be  construed  to  pass 
the  fee  simple,  or  other  the  whole  estate  or  interest,  which  the 
testator  had  power  to  dispose  of  by  will,  in  such  real  estate, 
unless  a  contrary  intention  shall  appear  by  the  will. 

AS    TO    MARRIED    WOMEN. 

48.  The  real  estate  of  any  married  woman,  which  is  owned 
by  her  at  the  time  of  her  marriage,  or  acquired  in  any  manner 
during  her  coverture,  and  the  rents,  issues  and  profits  thereof 
respectively,  shall  without  prejudice,  and  subject  to  the  trusts 
of  any  settlement  affecting  the  same,  be  held  and  enjoyed  by 
her  for  her  separate  use,  free  from  any  estate  or  claim  of  her 
husband  during  her  lifetime,  or  as  tenant  by  the  courtesy,  and 
her  receipt  alone  shall  be  a  discharge  for  any  rents,  issues  and 
profits ;  and  any  married  woman  shall  be  liable  on  any  contract 
made  by  her  respecting  her  real  estate,  as  if  she  were  a  feme 
sole- 

49.  All  the  wages  and  personal  earnings  of  a  married 
woman,  and  any  acquisitions  therefrom,  and  all  proceeds  or 
profits  from  any  occupation  or  trade  which  she  carries  on 
separately  from  her  husband,  or  derived  from  any  literary, 
artistic  or  scientific  skill,  and  all  investments  of  such  wages, 
earnings,  moneys  or  property,  shall  hereafter  be  free  from  the 
debts  or  dispositions  of  the  husband,  and  shall  be  held  and 
enjoyed  by  such  married  woman,  and  disposed  of  without  her 
huafcand's  consent,  as  fully  as  if  she  were  a  feme  sole;  and  no 
order  for  protection  shall  hereafter  become  necessary  in  respect 
of  any  such  earnings  or  acquisitions ;  and  the  possession, 
whether  actual  or  constructive  of  the  husband,  of  any  personal 
property  of  any  married  woman,  shall  not  render  the  same 
liable  for  his  debts. 

50.  A  married  woman  may  make  deposits  of  money  in  her 
own  name  in  any  savings  or  other  bank,  and  withdraw  the  same 
by  her  own  check ;  and  any  receipt  or  acquittance  of  such  depo- 
sitor, shall  be  a  sufficient  legal  discharge  to  any  such  bank. 

51.  ITothing  hereinbefore  contained  in  reference  to  moneys 
deposited,  or  investments  by  any  married  woman,  shall,  as 
against  creditors  of  the  husband,  give  validity  to  any  deposit 
or  investment  of  moneys  of  the  husband  made  in  fraud  of  such 
creditors ;  and  any  money  so  deposited  or  invested  may  be  fol- 
lowed as  if  this  Act  had  not  passed. 


PIONEER    LEGISLATION  1087 

52-  A  husband  shall  not  bj  reason  of  any  marriage,  be 
liable  for  the  debts  of  his  wife  contracted  before  marriage,  but 
the  wife  shall  be  liable  to  be  sued  therefor,  and  any  property 
belonging  to  her  for  her  separate  use  shall  be  liable  to  satisfy 
such  debts  as  if  she  had  continued  unmarried ;  and  a  husband 
shall  not  be  liable  for  any  debts  of  his  wife  in  respect  of  any 
employment  or  business  in  which  she  is  engaged  on  her  own 
behalf,  or  in  respect  of  any  of  her  own  contracts. 

53.  A  married  woman  may  maintain  an  action  in  her  own 
name  for  the  recovery  of  any  wages,  earnings,  money  and 
property,  declared  by  this  Act  or  which  may  be  hereafter 
declared  to  be  her  separate  property,  and  shall  have  in  her  own 
name  the  same  remedies,  both  civil  and  criminal,  against  all 
persons  whomsoever  for  the  protection  and  security  of  such 
wages,  earnings,  money  and  property,  and  of  any  chattels  or 
other  her  separate  property,  for  her  own  use,  as  if  such  wages, 
earnings,  money,  chattels  and  property  belonged  to  her  as  an 
unmarried  woman;  and  any  married  woman  may  be  sued  or 
proceeded  against  separately  from  her  husband,  in  respect  of 
any  of  her  separate  debts,  engagements,  contracts  or  torts  as  if 
she  were  unmarried. 

KEGISTRATION    OF  DEEDS. 

54.  The  Governor  may  appoint  a  Registrar  of  Deeds  in  and 
for  the  ITorth-West  Territories,  who  shall  hold  office  during 
pleasure,  and  who  shall  reside  and  keep  his  office  in  a  place  to 
be  named  for  that  purpose  in  his  commission,  or  at  such  other 
place  as  may  be  appointed  for  that  purpose  from  time  to  time 
by  the  Governor  in  Council,  and  who  shall  register  all  deeds 
and  other  instruments  relating  to  lands  situate  in  any  part  of 
the  IsTorth-West  Territories,  and  which  have  been  laid  out  and 
surveyed  by  the  Cro^\^l :  and  the  Governor  in  Council  may 
Older  an  annual  salary,  not  exceeding  two  thousand  dollars,  to 
be  paid  to  the  said  registrar:  and  the  Lieutenant-Governor  and 
Council  shall  fix  the  fees  to  be  paid  for  the  registration  of  all 
such  deeds  and  instruments, — which  fees  shall  be  collected  by 
the  registrar,  and  being  first  verified  on  oath,  shall  by  him  be 
paid  over  to  the  Lieutenant-Governor,  at  the  end  of  every 
quarter  in  each  year,  on  account  of  the  Consolidated  Revenue 
Fund  of  Canada ;  and  the  forms  incident  to,  and  effect  of  such 
registration  shall  be  governed  by  laws  to  be  made  under  this 
Act. 


1088  CANADIAN    ARCHIVES 

ADMINISTRATION    OF    JUSTICE. 

55.  The  Governor  may  appoint  a  Sheriff  in  and  for  the 
JSl  orth-West  Territories,  who  shall  hold  office  dnring  pleasure, 
and  who  shall  reside,  and  keep  his  office  in  a  place  to  be  named 
for  that  purpose  in  his  commission;  or  at  such  other  place  as 
may,  from  time  to  time,  be  named  by  the  Governor  in  Council, 
and  who  shall  perform  the  duties  of  such  office  under  the  laws 
then  in  force  in  the  said  Territories.  The  Governor  in  Coun- 
cil may  order  an  annual  salary  not  exceeding  twelve  hundred 
dollars  to  be  paid  to  such  sheriff. 

56.  The  Lieutenant-Governor  shall,  (but  subject  to  any 
orders  in  that  behalf  from  time  to  time  of  the  Governor  Gen- 
eral), have  the  local  disposition  of  the  Police  Force  in  and  for 
the  North-West  Territories,  established  under  ''  An  Act  res- 
pecting the  Administration  of  Justice,  and  for  the  estaJjlish- 
ment  of  a  Police  Force  in  the  N orth-W est  Tei'ritories,"  and  of 
any  Act  passed  or  to  be  passed  in  amendment  thereof;  and  may 
exercise  such  power  in  aid  of  the  administration  of-  civil  and 
criminal  justice,  and  for  the  general  peace,  order  and  good 
government  of  the  said  Territories,  and  for  or  in  aid  of  the 
performance  of  all  duties  which  are  now,  or  may  at  any  time, 
by  any  law  or  ordinance,  or  by  order  of  the  Lieutenant-Gover- 
nor, be  assigned  to  sheriff's  officers,  bailiffs,  constables  or  other 
officers  in  connection  with  the  orders  or  process  of  any  Justice 
of  the  Peace,  Stipendiary  Magistrate,  or  court. 

57.  The  Lieutenant-Governor  may  appoint  Justices  of  the 
Peace  for  the  ISTorth-West  Territories;,  who  shall  have  jurisdic- 
tion as  such  throughout  the  same. 

58.  The  Lieutenant-Governor  and  Council  or  Assembly, 
2s  the  case  may  be,  may,  by  ordinance,  subject  to  the  provi- 
sions of  this  Act,  from  time  to  time,  set  apart  any  portion  of 
the  said  Territories  as  and  for  a  judicial  district,  and  nnv,  v 
from  time  to  time,  alter  the  limits  and  extent  of  any  such 
district. 

59.  A  Court  or  Courts  of  Civil  and  Criminal  Jurisdiction 
shall  be  held  in  the  said  Territories,  and  in  every  judicial  dis- 
trict thereof  when  formed,  under  such  names,  at  such  periods 
and  at  such  places  as  the  Lieutenant-Governor  may  from  time 
to  time  order. 

60.  For  every  such  court  there  shall  be  a  clerk,  who  may 
be  appointed  by  the  Governor,  who  shall  hold  office  during 
pleasure,  and  be  paid  an  annual  salary,  not  exceeding  five 
hundred  dollars. 


PIONEER    LEGISLATION  1089 

61.  The  Governor  may,  from  time  to  time,  appoint  by  com- 
mission under  the  great  seal,  one  or  more  fit  and  proper  person 
or  persons,  not  exceeding  tliree,  to  be  and  act  as  a  Stipendiary 
Magistrate  or  Stipendiary  Magistrates  within  the  North-West 
Territories,  who  shall  hold  office  during  pleasure,  and  who  shall 
reside  at  such  place  or  places  as  may,  from  time  to  time,  be 
ordered  by  the  Governor  in  Council. 

62.  Each  Stipendiary  Magistrate  shall  have  jurisdiction 
throughout  the  N^orth-West  "Territories,  as  hereinafter  men- 
tioned, and  shall  also  have  jurisdiction  and  may  exercise  with- 
in the  ISTorth-West  Territories,  the  magisterial,  judicial  and 
other  functions  appertaining  to  any  Justice  of  the  Peace,  or 
any  two  Justices  of  the  Peace  under  any  laws  or  ordinances 
which  may,  from  time  to  time,  be  in  force  in  the  North-West 
Territories. 

63.  Each  Stipendiary  Magistrate  shall  preside  over  such 
courts  in  the  ISTorth-West  Territories  as  shall,  from  time  to 
time,  be  assigned  to  him  by  the  Lieutenant-Governor,  and  to 
qualify  him  to  do  so,  he  shall  take  the  following  oath  before 
the  Lieutenant-Governor  or  any  Stipendiary  Magistrate,  that 
is  to  say: — 

"I  do  swear  that  I  will  truly  and  faithfully  execute  the' 
''  several  powers,  duties  and  trusts    committed    to    me    by    or 
"  under  '  The  North-West  Territories  Act,  1875,'  without  fear, 
"  without  favor,  and  without  malice.      So  help  me  God." 

61.  The  Chief  Justice  or  any  Judge  of  the  Court  of 
Queen's  Bench  of  the  Province  of  Manitoba,  with  any  one  of  the 
Stipendiary  Magistrates  as  an  associate,  shall  -liave  power  and 
authority  to  hold  a  court  under  section  fifty-nine,  and  therein 
to  hear  and  determine  as  hereinafter  mentioned,  any  charge 
preferred  against  anv  person  for  any  offence  alleged  to  have 
been  committed  within  the  l^orth-West  Territories,  viz : — 

1.  In  any  case  in  which  the  maximum  punishment  for 
such  offence  does  not  exceed  five  years'  imprisonment, — in 
summary  way,  and  without    the    intervention    of    a    jury; 

2.  In  any  case  in  which  the  maximum  punishment  for 
such  offence  exceeds  five  years'  imprisonment  but  is  not  pun- 
ishable with  death, — then  either  in  a  summary  way  and  with- 
out the  intervention,  of  a  jury,  if  the  accused  assents  thereto; 
or,  if  the  accused  demands  a  jury,  then  with  the  intervention 
of  a  jury  not  exceeding  six  in  number,  who  shall  be  then  and 
there,  or  as  soon  thereafter  as  can  be,  chosen  and  sworn  by 
.the  judge  or  Stipendiary  Magistrate,  as  a  jury  in  such  case; 

28159—69 


1090  CANADIAN  AKCHIVES 

3.  In  any  case  in  which  the  punishment  for  such  offence 
is  death, — then  with  the  intervention  of  a  jury  not  exceeding 
eight  in  number,  who  shall  be  then  and  there  or  as  soon  there- 
after as  can  be,  chosen  and  sworn  by  the  judge  as  a  jury  in 
such  case; 

4.  And  every  such  court  shall  be  a  court  of  record ;  and 
if  imprisonment  in  gaol  for  not  less  than  two  years  or  in  a 
penitentiary,  be  awarded  in  any  case,  the  court  may  order 
the  convict  to  be  imprisoned  in  the  ISTorth-West  Territories, 
or  to  be  conveyed  to  the  penitentiary  in  the  Province  of  Mani- 
toba; and  he  shall  in  any  such  case,  undergo  such  punishment 
therein,  as  if  convicted  in  the  Province  of  Manitoba; 

5.  The  Lieutenant-Governor  and  Council  or  Assembly, 
as  the  case  may  be,  may,  from  time  to  time,  make  any  ordin- 
ance in  respect  to  the  mode  of  calling  juries,  and  when  and  by 
w^hom  and  how  they  may  be  summoned  or  taken,  and  in  re- 
spect of  all  matters  relating  to  the  same;  but  no  grand  jury 
shall  be  called  in  the  ISTorth-West  Territories ; 

6.  On  the  first  day  of  January  and  June  in  each  year,  each 
Justice  of  the  Peace,  Stipendiary  Magistrate,  and  other  Judge 
residing  in  the  ISTorth-West  Territories,  or  who  has  presided 
at  any  court  therein,  shall  send  in  to  the  Lieutenant-Governor, 
in  such  form  as  he  may  prescribe,  a  return  shewing  all  trials 
and  proceedings,  civil  and  criminal,  had  before  him  during 
the  preceding  six  months. 

65.  A  person  convicted  of  any  offence  punishable  by  death 
may  appeal  to  the  Court  of  Queen's  "Bench  of  Manitoba,  which 
^hall  have  jurisdiction  to  confirm  the  conviction  or  to  order 
a  new  trial;  and  the  mode  of  such  appeal  and  all  particulars 
relating  thereto,  shall  be  determined  from  time  to  time  by 
ordinance  of  the  Lieutenant-Governor  and  Council  or  Assembly, 
as  the  case  may  be. 

66.  Any  Stipendiary  Magistrate  of  the  said  Territories,  or 
the  Chief  Justice  or  any  Judge  of  the  Court  of  Queen's  Bench 
of  the  Province  of  Manitoba,  shall  have  power  and  authority 
to  commit  and  cause  to  be  conveyed  to  gaol  in  the  Province  of 
Manitoba,  for  triaj  by  the  Court  of  Queen's  Bench  according 
to  the  laws  of  criminal  procedure  in  force  in  the  said  Pro- 
vince, any  person  or  persons  at  any  time  charged  with  the  com- 
mission of  any  offence  against  any  of  the  laws  or  ordinances 
in  force  in  the  ^North-West  Territories,  punishable  by  death 
or  imprisonment  in  the  penitentiary;  and  the  said  Court  of 
Queen's  Bench  or  any  judge  thereof,  shall  have  power  and 


PIONEER    LEGISLATION  1091 

authority  to  have  any  person  arraiii'ned  before  the  said  court 
on  any  such  charge;  and  the  jury  laws  and  laws  of  criminal 
procedure  of  the  said  Province  shall  apply  to  any  such  trial, 
except  that  the  punishment  to  be  awarded  upon  conviction  of 
any  such  person,  shall  be  according  to  the  laws  in  force  in  the 
!N^orth-West  Territories:  and  the  sentence  may  be  carried  into 
effect  in  a  penitentiary  or  other  place  of  confinement  in  the 
North-West  Territories,  or  in  the  said  Province,  as  if  the  same 
were  in  the  ISTorth-West  Territories. 

67.  Whenever  any  convict  or  accused  person  is  ordered  to 
be  conveyed  to  gaol  or  to  the  penitentiary  in  Manitoba,  any  con- 
stable or  other  person  in  whose  charge  he  is  to  be  so  conveyed, 
shall  have  the  same  power  to  hold  and  convey  him,  or  to  re- 
take him  in  case  of  an  escape,  and  the  gaoler  or  warden  of  the 
penitentiary  in  Manitoba  shall  have  the  same  power  to  detain 
and  deal  with  him,  in  the  said  Province,  as  if  it  were  within 
the  ISTorth-West  Territories,  or  as  if  the  said  convict  or  accused 
person  had  been  ordered  to  be  conveyed  to  such  gaol  or  peni- 
tentiary, by  some  competent  court  or  authority  in  the  said 
Province. 

68.  Where  it  is  impossible  or  inconvenient  in  the  absence 
or  remoteness  of  any  gaol  or  other  place  of  confinement,  to 
carry  out  any  sentence  of  imprisonment,  any  Justice  of  the 
Peace,  or  Stipendiary  Magistrate,  or  the  Chief  Justice  or  any 
Judge  of  the  Court  of  Queen's  Bench  of  Manitoba,  may, 
according  to  their  several  powers  and  jurisdictions,  sentence 
such  person  so  convicted  before  him  or  them,  and  sentenced, 
as  aforesaid,  to  such  imprisonment,  to  be  placed  and  kept  in 
the  custody  of  the  police  force  of  the  North-West  Territories, 
with  or  without  hard  labour,  the  nature  and  extent  of  which 
shall  be  determined  by  the  Justice  of  the  Peace  or  Stipendiary 
Magistrate  or  Judge,  by  or  before  whom  such  person  was  con- 
victed. 

69.  The  Governor  in  Council  may  cause  to  be  erected,  in 
any  part  or  parts  of  the  ITorth-West  Territories,  any  building 
or  buildings,  or  enclosure  or  enclosures,  for  the  purpose  of  a 
gadl  or  lock-up,  for  the  confinement  of  prisoners  charged  with 
the  commission  of  any  offence,  or  sentenced  to  any  punishment 
therein;  and  confinement  or  imprisonment  therein  shall  be 
held  lawful  and  valid,  whether  under  sentence  of  imprison- 
ment in  a  penitentiary,  gaol  or  other  place  of  confinement- 

70.  Whenever  in  any  Act  of  the  Parliament  of  Canada  in 
force  in  the  ISTorth-West  Territories  any  officer  is  designated 

28159—694- 


1092  CANADIAN    ARCHIVES 

for  carrying  on  any  duty  therein  mentioned,  and  there  shall  be 
no  such  officer  in  the  North-West  Territories,  the  Lieutenant- 
Governor  and  Council  may  order  by  what  other  person  or 
officer,  such  duty  shall  be  performed ;  and  anything  done  by 
such  person  or  officer,  under  such  order,  shall  be  valid  and  legal 
in  the  premises ;  or  if  it  be  in  any  such  Act  ordered  that  any 
document  or  thing  shall  be  transmitted  to  any  officer,  court, 
territorial  division  or  place,  and  there  is  then  in  the  said  North- 
West  Territories  no  such  officer,  court  or  territorial  division  or 
place,  then  the  Lieutenant-Governor  and  Council  may  order  to 
what  officer,  court  or  place  such  transmission  shall  be  made,  or 
may  dispense  with  the  transmission  thereof. 

ADMINISTRATION  OF  CIVIL   JUSTICE. 

71.  Every  Stipendiary  Magistrate  of  the  said  Territories, 
and  the  Chief  Justice  and  ajiy  Judge  of  the  Court  of  Queen's 
Bench  of  Manitoba  or  any  one  of  them,  shall  respectively  have 
power,  jurisdiction,  and  authority  to  hear  and  determine  within 
the  ISTorth-West  Territories,  and  at  a  court  held  under  section 
fifty-nine,  any  claim,  dispute  or  demand  as  hereinafter  men- 
tioned, viz: — 

1.  Where  the  claim,  dispute  or  demand  is  for  a  tort,  wrong 
or  grievance,  in  which  the  amount  claimed  does  not  exceed  five 
hundred  dollars,  or  if  for  a  debt  or  on  contract,  in  which  the 
amount  claimed  does  not  exceed  one  thousand  dollars,  in  a  sum- 
mary way  and  without  the  intervention  of  a  jury; 

2.  Li  all  other  claims,  disputes  or  demands  than  those 
above-mentioned,  or  for  the  recovery  of  the  possession  of  real 
estate,  if  neither  party  demands  a  jury,  in  a  summary  way 
and  without  the  intervention  of  a  jury;  but  if  either  party 
demands  a  jury,  then  with  the  intervention  of  a  jury  not  ex- 
ceeding six  in  number,  who  shall  be  returned  instantly  by  the 
clerk  of  the  court  to  try  the  facts  of  the  matter  in  dispute ;  and 
the  Stipendiary  Magistrate  or  Judge  shall  maKe  such  orders, 
judgments  and  decrees  as  appear  to  him  just  and  agreeable  to 
equity  and  good  conscience :  but  neither  the  Stipendiary  Magis- 
trate nor  any  other  judge  or  the  court  shall  have  cognizance  of 
any  action  for  any  gambling  debt  or  for  any  intoxicating 
liquor  or  intoxicant,  or  of  any  action  by  any  person  on  a  note 
of  hand  or  other  document,  the  consideration  or  any  part  of  the 
consideration  for  which  was  for  a  gambling  debt  or  for  any 
such  intoxicating  liquor  or  intoxicant. 


PIONEER    LEGISLATION  1093 

72.  Every  judgment  of  the  Stipendiary  Magistrate  or  pre- 
siding judge  shall  be  openly  pronounced  in  court  as  soon  as  may 
be  after  the  hearing  of  the  case,  except  that  in  any  case  where 
the  Stipendiary  Magistrate  is  not  prepared  to  pronounce  judg- 
ment mstanter,  he  may  postpone  judgment  and  name  a  subse- 
quent day  and  hour  for  the  delivery  thereof  at  the  clerk's  office 
in  writing;  and  at  such  day  and  hour  it  shall  be  lawful  for  the 
clerk  to  read  the  judgment  to  the  parties  or  their  agents  if  pre- 
sent, and  if  not,  then  to  enter  the  said  judgment  in  their 
absence;  and  such  judgment  shall  be  as  effectual  as  if  rendered 
in  court  at  the  trial : 

2.  Execution  of  any  such  judgment  shall  be  carried  into 
effect  in  the  manner  prescribed  by  any  ordinance  of  the  Lieut- 
enant-Governor and  Council  or  Assembly,  as  the  case  may  be, 
— or  if  no  such,  ordinance  be  then  in  force,  then  in  like  manner 
as  a  judgment  to  the  same  amount  in  the  Province  of  Manitoba. 

73.  Any  person  feeling  himself  aggrieved  by  the  decision 
of  any  Stipendiary  Magistrate,  or  presiding  judge,  or  court, 
in  a  claim,  dispute  or  demand  under  the  second  sub-section  of 
the  seventy-first  section  of  this  Act,  may  appeal  to  the  Court 
of  Queen's  Bench  of  Manitoba,  which  shall  have  jurisdiction 
to  confirm  the  decision  or  to  order  a  new  trial;  and  the  mode 
of  such  appeal  and  all  particulars  relating  thereto,  shall  be 
determined  from  time  to  time  by  ordinance  of  the  Lieutenant- 
Governor  and  Council  or  Assembly,  as  the  case  may  be. 

PROHIBITION  OF  INTOXICANTS- 

74.  Intoxicating  liquors  and  other  intoxicants  are  prohibited 
to  be  manufactured  or  made  in  the  said  ITorth-West  Terri- 
tories, except  by  special  permission  of  the  Governor  in 
Council,  or  to  be  imported  or  brought  into  the  same  from  any 
Province  of  Canada,  or  elsewhere,  or  to  be  sold,  exchanged, 
traded  or  bartered,  except  by  special  permission  in  writing 
of  the  Lieutenant-Governor  of  the  said  Territories :  and  if 
any  such  intoxicating  liquor  or  intoxicant  is  imported  or 
manufactured  or  made  in  the  said  Territories,  or  brought 
into  the  same,  or  is  sold,  exchanged,  traded  or  bartered,  in 
contravention  of  this  Act,  it  shall  be  absolutely  forfeited,  and 
may  be  seized  by  any  officer  of  the  customs  or  excise,  or  by 
any  constable  or  other  duly  qualified  person  wheresoever 
found;  and  on  complaint  made  before  him,  any  Judge,   Sti- 


1094  CANADIAN    AKCJIIVES 

pendiarj  Magistrate,   or  Justice  of  the  Peace,  may,   on   the 
evidence  of  one  credible  witness  that  this  Act  has  been  con- 
travened in  respect  thereof,     order     the     said     intoxicating 
liquor  or  intoxicant  so  seized,  to  be  forthwith  destroyed;  or 
in  case  of  the   same  not  having  been   seized,   then   on   com- 
plaint as   aforesaid,   such  Judge,   Stipendiary  Magistrate,   or 
Justice  of  the  Peace,  may  issue  a  search  warrant,  as  in  cases 
of  stolen  goods  under  the  Acts  in  force  respecting  the  duties 
of  Justices  of  the  Peace  aut  of  Sessions  in  relation  to  persons 
charged  witli    indictable   offences,    and    ujion  the    same   being 
found,  may  cause  them  to  be  forthwith  destroyed  and  the  still, 
machinery,  keg,  barrel,  case,  box,  package  or  receptacle  whence 
or  in  which  any    intoxicating   liquor  or    intoxicant    has    been 
manufactured,  imported  or  made,  sold,  exchanged,  traded  or 
bartered,  and  as  well  that  in  which  the  original  supply  was 
contained  as  the  vessel  wherein  any  portion  of  such  original 
supply  was  supplied  as  aforesaid,  and  the  balance  of  the  contents 
thereof,  if  such  still,  machinery,  barrel,  keg,  case,  box,  package, 
receptacle  or  vessel  aforesaid,  respectively,  can  be  identified, 
may  be  seized  by  any  officer  of  the  customs  or  excise,  or  by  any 
constable   or  other   duly  qualified   person,   wheresoever  found 
within  the  said  Territories;    and    on    complaint    before    any 
Judge,    Stipendiary  Magistrate   or  Justice   of  the   Peace,   he 
may  on  the  evidence  of  any  credible  witness,  that  this  Act  has 
been  contravened  in  respect  thereof,  declare  such  intoxicating 
liquor  or  intoxicant,  still,  machinery,  vessel,  or  receptacle  for- 
feited, and  cause  the  same  to  be  forthwith  destroyed :  and  the 
person  in  whose  possession  any  of  them  were  found  may  be 
condemned  to  pay  a  penalty  not  exceeding  one  hundred  dol- 
lars, nor  less  than  fifty  dollars,  and  the  costs  of  prosecution; 
and  one-half  of  such  penalty  shall  belong  to  the  prosecutor, 
and  the  other  half  to  Her  Majesty. 

1.  Any  person  who  manufactures,  makes,  imports,  sells, 
exchanges,  trades  or  barters  any  intoxicating  liquor,  or  intoxi- 
cant, except  by  special  permission  as  aforesaid,  or  in  whose 
possession,  or  on  who=e  premises  such  intoxicatina;  liquor  or 
intoxicant  of  any  kind  may  he  or  may  have  been  found,  shall  be 
liable  to  a  penalty  not  exceeding  two  hundred  dollars,  nor  less 
than  fifty  dollars, — one-h^ilf  of  which  shall  q-o  to  the  informer. 

2.  Any  person  who  knowingly  has  in  his  possession  any 
article,  chattel,  commodity  or  thing  purchased,  acquired,  ex- 
changed, traded  or  bartered,  either  wholly  or  in  part,  for  anv 
intoxicating  liquor  or  intoxicant,  shall    forfeit    and    pay    for 


PIONEER    LEGISLATION  1095 

each  offence  a  penalty  not  exceeding  two  Innidred  dollars,  nor 
less  tlian  fifty  dollars, —  one-half  of  which  shall  go  to  the  in- 
former. 

3.  Every  article,  chattel,  commodity  or  thing,  in  the  pur- 
chase, acquisition,  exchange,  trade  or  barter  of  which,  the  con- 
sideration either  wholly  or  in  part  may  be  any  intoxicating 
liquor  or  intoxicant,  shall  be  forfeited  to  Her  Majesty,  and 
shall  be  seized  as  hereinbefore  mentioned,  in  respect  to  any 
receptacle  of  any  intoxicating  liquor  or  intoxicant. 

4.  Every  person  who  refuses  or  neglects  to  aid  any  con- 
stable, sub-constable,  or  other  duly  authorized  person,  in  the 
execution  of  any  act  or  duty  required  by  this  section,  or  who 
knowingly  refuses  to  give  information,  or  gives  false  infor- 
mation in  respect  to  any  matter  arising  therefrom,  shall  be 
subject  to  a  penalty  not  exceeding  two  hundred  dollars,  nor 
less  than  fifty  dollars, — one-half  of  which  shall  go  to  the  in- 
former. 

5.  The  expression  "  intoxicating  liquor  "  shall  mean  and 
include  all  spirits,  strong  waters,  spirituous  liquors,  wines, 
fermented  or  compounded  liquors,  or  intoxicating  fluids;  and 
the  expression  ''intoxicant"  shall  include  opium,  or  any  pre- 
paration thereof,  and  any  other  intoxicating  drug  or  substance, 
and  tobacco  or  tea  mixed,  compounded  or  impregnated  with 
opium,  or  with  any  other  intoxicating  drug,  spirit  or  substance, 
and  whether  the  same  or  any  of  them  be  liquid  or  solid. 

6.  Any  penalty  incurred  under  this  section  shall  be  re- 
coverable, with  costs  of  prosecution,  by  summary  conviction 
on  the  evidence  of  one  credible  witness,  before  any  Judge,, 
Stipendiary  Magistrate  or  Justice  of  the  Peace  having  jnris- 
diction  in  the  North-West  Territories, — who  shall,  on  payment 
of  the  same,  pay  the  informer  his  share  thereof;  and  in  case  o£ 
non-payment  of  the  penalty  and  costs  immediately  after  convic- 
tion, the  convicting  Judge,  Magistrate  or  Jnstice  may,  in  his 
discretion,  levy  the  same  by  distress  and  sale,  or  commit  the 
person  so  convicted  and  making  default  in  payment  of  the  said 
penalty  nnd  costs,  to  any  common  gaol  or  house  of  correction 
or  lock-up  house  within  the  ISTorth-West  Territories  for  a  period 
not  exceeding  six  months,  unless  the  said  penalty  aud  costs'  be 
sooner  paid. 

Y.  And  upon  conviction  for  a  second  offence,  the  offender 
shall  be  liable  to  a  penalty,  not  less  than  two  hundred  and  not 
exceeding  four  hundred  dollars,  and,  in  the  discretion  of  the 


1096  CANADIAN  ARCHIVES 

convicting  judge,   magistrate  or  justice,  to  imprisonment  for 
a  period  not  exceeding  six  months. 

8.  No  seizure,  prosecution,  conviction  or  commitment  un- 
der this  Act  shall  be  invalid  on  account  of  want  of  form  so 
long  as  the  same  is  according  to  the  true  intent  and  meaning  of 
this  Act. 

9.  Intoxicating  liquors  imported  or  brought  into  the  North- 
West  Territories  from  any  Province  of  Canada  or  elsewhere, 
by  special  permission  in  writing  of  the  Lieutenant  Governor 
of  the  said  Territories,  are  subject  to  the  several  customs  and 
excise  laws  of  Canada,  if  in  excess  of  one  gallon. 

75.  Nothing  in  this  Act  shall  affect  the  provisions  of  an 
Act  passed  in  the  thirty-seventh  year  of  Her  Majesty's  reign, 
entitled  "  An  Act  to  amend  certain  Laws  respecting  Indians, 
and  to  extend  certain  Laws  7'elating  to  matters  connected  with 
IncUans,  to  the  Provinces  of  Manitoba  and  British  Columbia." 

76.  The  several  Acts  and  parts  of  Acts  mentioned  and 
contained  in  Schedule  A.,  of  this  Act,  if  not  expired,  are 
hereby  repealed ;  but  such  repeal  shall  not  affect  any  duty 
accrued,  right  acquired,  or  penalty,  forfeiture  or  liability  in- 
curred under  the  said  Acts,  or  any  of  them,  or  any  offence 
committed  under  any  or  either  of  them. 

77.  The  several  Acts  and  parts  of  Acts  mentioned  and 
contained  in  Schedule  B,  of  this  Act,  as  limited  in  the  said 
schedule,  shall  apply  to  and  be  in  force  in  the  North-West 
Territories ;  but  except  the  Acts  mentioned  and  contained  in 
Schedule  B  to  this  Act,  and  except  such  Acts  of  the  Par- 
liament of  Canada  or  any  part  or  parts  thereof  as  may,  under 
the  eighth  section  of  this  Act,  be  made  applicable  to  the  North- 
West  Territories,  no  Act  of  the  Parliament  of  Canada  here- 
tofore passed,  and  no  part  thereof,  shall  apply  to  or  be  in  force 
in  the  said  Territories ;  and  no  Act  of  Parliament  hereafter  to 
be  passed  and  no  part  thereof,  shall  apply  to  or  be  in  force 
in  the  said  Territories,  unless  the  same  be,  by  any  such  Act 
or  under  the  eighth  section  of  this  Act,  made  applicable  to  or 
of  force  in  the  said  Territories. 

78.  This  Act  shall  come  into  force  and  effect  upon,  from 
and  after  such  day  as  shall  be  named  in  a  proclamation  to  be 
issued  by  the  Governor  in  Council  for  that  purpose. 

79.  This  Act  may  be  cited  as  "  The  North-West  Territories 
Act,  1875." 


PIONEEK    LEGISLATION 


1097 


SCHEDULE  A. 

Ads  and  parts  of  Acts  of  the  Parliaiivent  of  Canada,  expired 

or  repealed. 


5 

and 
6 


35 


•O 


TITLE. 


32,  33  Victoria,  1869. 

An  Act  for  the  temporary  government  of  Rupert's  Land  and  the  North- 
Western  Territory,  when  united  with  Canada. 

33r<Z  Victoria,  1870. 

An  Act  to  amend  and  continue  the  Act  32  and  33  Victoria,  Chapter  3, 
and  to  establish  and  provide  for  the  government  of  the  Province  of 
Mani  toba. 

ZAth  Victoria,  1871. 

An  Act  to  amend  the  Acts  relating  to  duties  of  Customs. 

An  Act  to  make  further  provision  for  the  government  of  the  North-West 
Territories. 

An  Act  to  continue  for  a  limited  time  the  Acts  therein  mentioned. 

36<fe  Victoria,  1873. 

An  Act  to  amend  the  Act  entitled  :  "  An  Act  to  make  further  provision 
for  the  Government  of  the  North  West  lerritories." 

An  Act  further  to  amend  the  "  Act  to  make  further  provision  for  the 
government  of  the  North  West  Territories." 

An  Act  respecting  the  Administration  of  Justice,  and  for  the  establish- 
ment of  a  Police  Force  in  the  North-West  Territories. 

An  Act  to  make  further  provision  as  to  duties  of  Customs  in  Manitoba  and 
the  North-West  Territories.  [In  so  far  as  the  same  refers  to  the  North- 
West  Territories. ) 

37th  Victoria,  1874. 

An  Act  to  amend  "An  Act  to  make  further  provision  as  to  duties  of 
Customs  in  Manitoba  and  the  North-West  Territories,"  and  further  to 
restrain  the  importation  or  manufacture  of  Intoxicating  Liquors  into 
or  in  the  North-West  Territories. 


1098  CANADIAN  AECHIVES 


SCHEDULE  B. 


Ads  of  the  Parliament  of  Canada  extended  to  the  North-West 

Territories. 


o 
1 

6 

7 


TITLE. 


31st  Victoria,  1867-1808. 

An  Act  respecting  the  Statutes  of  Canada. 

An  Act  respecting  the  Customs. 

An   A.ct  imposing  duties  of  customs  with  the  tariff  of  duties  payable  under  it. 
As  aviended  Ixj  suhicquent  Act». 


8    An  Act  respecting  the  Inland  Revenue. 

31s<  Victoria,  1867-1868. 


An  Act  respecting  the  regulation  of  the  Postal  service.    Or  any  Act  amending  it 

or  substituted  for  it. 
An  Act  respecting  the  public  works  of  Canada.     As  amended  by  any  subsequent 

Act. 
An  Act  to  protect  the  inhabitants  of  Canada  against  lawless  aggression  from 

subjects  of  foreign  countries  at  peace  with  Her  Majesty. 
An  Act  to  prevent  the  unlawful  training  of  persons  to  the  use  of  arms,  and  the 

practice  of  military  evolutions,  and   to  authorize  Justices  of  the  Peace  to 

seize  and  detain  arms  collected  or  kept  for  purposes  dangerous  to  the  public 

peace. 
An  Act  respecting  commissions,  and  oaths  of  allegiance  and  of  ofBce. 
An   Act  for   the  better  security  of   the  Crown  and   of   the  Government.     As 

amended  by  32,  33  Vict.,  chap.  17. 
An  Act  respecting  riots  and  riotous  assemblies. 

An  Act  respecting  forgery,  perjury  and  intimidation  in  connection  with  the  Pro- 
vincial Legislatures  and  their  Acts. 
An  Act  respecting  Accessories  to  and  Abettors  of  indictable  offences. 
An  Act  respecting  the  Police  of  Canada. 

An  Act  respecting  persons  in  custody  charged  with  high  treason  or  felony. 
An  Act  respecting  the  Treaty  between  Her  Majesty  and  the  United  States  of 

America,    for   the   apprehension   and   surrender   of  certain   offenders.     As 

amended  by  33  Vict.,  chap.  25. 

32,  33  Victoria,  1869. 

An  Act  respecting  offences  relating  to  the  Coin. 

An  Act  respecting  Forgery. 

An  Act  respecting  Offences  against  the  Person. 

An  Act  respecting  Larceny  and  other  similar  offences.  As  amended  by  any  sub- 
sequent Act. 

An  Act  respecting  Malicious  Injuries  to  Property.  As  amended  by  35  Vict,., 
chap.  34. 

An  Act  respecting  Perjury.     As  amended  by  33  Vict.^  chap.  26. 

An  Act  for  the  better  preservation  of  the  peace  in  the  vicinity  of  Public  Works. 
As  amended  by  33  Vict.,  chap.  2H. 

An  Act  respecting  Cruelty  to  Animals.     As  amended  by  33  Vict.,  chap.  29. 


PIONEElt    LEGISLATION  1099 

SCHEDULE  B.— Continued. 


o 


29 


30 


31 


TITLE. 


32,  33  Victoria,  1869. 

An  Act  respecting  Procedure  in  Criminal  Cases,  and  other  matters  relating  to 
Criminal  Law,  —sections  1  to  7,  both  inclusive,  relating  to  the  apprehension 
of  offenders  ;  sections  81  to  87,  both  inclusive,  relating  to  the  punishment  of 
offences  ;  and  sections  125  to  138,  both  inclusive,  relating  to  pardons,  under- 
going sentence,  limitation  of  actions  and  prosecutions,  and  general  provi- 
sions. The  whole  Act  will  apply  in  Manitoba,  to  ofiFences  committed  in  the 
North-West  Territories,  but  triable  in  Manitoba  and  to  the  persons  com- 
mitting them. 

An  Act  respecting  the  duties  of  Justices  of  the  Peace  out  of  Sessions  in  relation 
to  persons  charged  with  indictable  offences,  — so  far  as  respects  indictable 
offences,  committed  in  the  NorthWest  Territories  and  triable  in  Manitoba 
or  committed  in  some  Province  of  Canada,  and  the  offender  is  apprehended 
in  the  North-West  Territories.  .  j^t^  '-?;*=•  '^ '  ^'^ 

An  Act  relating  to  the  duties  of  Justices  of  the  Peace  out  of  Sessions  in  relation 
to  summary  C(mvictions  and  orders.  Except  so  much  of  this  Act  (or  of  any 
Act  amending  it)  as  gives  any  appeal  from  any  conviction  adjudged  or.made 
under  it.  ',„»'  •  -  ^.m    '^ 

33/-d  Victoria,  1870.  miT'ZII^'^'' 

-'■''"  Wl'^ 

An  Act  to  amend  the  Acts  respecting  Customs  and  Inland  Revenue  ;  and'to 
make  certain  provisions  respecting  vessels  navigating  the  Inland  waters  of 
Canada  above  Monti-eal. 

An  Act  to  amend  the  "Act  respecting  the  extradition  of  certain'offenders  to 
the  United  States  of  America." 

An  Act  to  amend  "  An  Act  for  the  better  preservation  of  the  peace  in  the 
vicinity  of  Public  Works." 


An  Act  to  amend  "  An  Act  respecting  cruelty  to  animals." 
34th  Victoria,  1871. 
4  j  An  Act  to  establish  one  uniform  currency  for  the  Dominion  of  Canada. 

I  3oth  Victoria,  1872. 

1    An  Act  to  amend  the  Act  respecting  the  Statutes  of  Canada. 

23  ,An  Act  respecting  the  Public  Lands  of  the  Dominion. 

24  An  Act  to  remove  doubts  under  the  Act  respecting  the  Public  Works  of  Canada. 

33  An  Act  for  the  avoidance  of  doubts  respecting  Larceny  of  Stamps. 

34  An  Act  to  correct  a  clerical  error  in  the  "Act  respecting  malicious  injuries  to 

property." 

36th  Victoria,  1873. 


3 

50 
51 


An  Act  to  amend  the  "  Act  respecting  Procedure  in  Criminal  Cases." 

An  Act  to  amend  the  "Act  respecting  Offences  against  the  Person." 

An  Act  further  to  amend  the  law  respecting  certain  matters  of  procedure  in 
Criminal  Cases. 


1100  CANADIAN  ARCHIVES 

SCHEDULE  B.— Continued. 


Title. 

6 

37th  Victoria,  1874. 

13 

An  Act  to  amend  "  An  Act  respecting  the  Public  Works  of  Canada." 

14 

An  Act  to  provide  for  the  construction  of  the  Canadian  Pacific  Railway. 

19 

An  Act  t.)  amend  tVie  "  Dominion  Lands  Act." 

3Sth  Victoria,  1875. 

Any  Act  of  the  present  Session  amending  or  substituted  for  any  Act  mentioned 
in  this  Schedule. 

PIONEER    LEGISLxVTION  1101 


5.  A  Constitutional  Question}^^ 

1.  Resignation  of  Advisory  Council,  Oct.  29,  1889. 

Legislative  -Assembly^ 

Regina,  IIT.W.T.,  29tli  October,  1889. 

To  His  Honor  the  Lieutenant-Governor  of  the  North-West 
Territories- 
Sin, — We  have  the  honor  to   tender  our  resignations   as 
Members  of  your  Advisory  Council.     We  have  come  to  this 
decision  reluctantly  and  only  after  serious  consideration. 

While  recognizing  that  your  Honor  has  on  the  whole  car- 
ried out  the  position  which  was  accepted  last  year,  there  have 
been  some  departures  from  that  position,  which  we  cannot 
accept  responsibility  for.  These  matters  do  not  involve  any 
serious  departures  from  the  general  principles  adopted  by  us, 
but  they  do  in  our  opinion  involve  the  Council  and  lay  us 
open  to  censure  for  at  least  grave  faults  of  administration. 

We  fully  appreciate  the  practical  difficulties  in  the  way 
of  carrying  out  an  anomalous  system  like  the  present  and  have 
always  been  ready  to  make  the  best  of  an  imperfect  machinery. 
The  attitude  of  the  Assembly  has  not  helped  to  lighten 
the  burden  imposed  upon  us.  Ever  ready  to  criticise,  and 
always  prone  to  judge  us  by  the  standard  of  the  ideal  system, 
which  they  wished  for,  they  have  not  given  us  that  liberal 
support  which  in  the  nature  of  things  we  might  reasonably 
have  hoped  for- 

Knowing  this  feeling  of  the  Assembly  and  being  with  the 
rest  of  our  fellow  Members  jealous  of  the  rights,  which  were 
granted  to  us,  we  are  naturally  more  sensitive  to  criticism 
than  under  a  more  completely  responsible  system  there  would 
be  any  necessity  for. 

The  constant  discussions  at  Council  meetings  on  the  general 
theory  of  our  constitution  showed  us  plainly  that  your  Honor 
only  conceded  what  we  claimed  as  a  right. 

^  The  documents  in  this  section  are  taken  from  the  Journals  of    the 
.  Legislative  Assembly  and  of  the  Council  of  the  North  West  Territories. 


1102  CANADIAN    AKCHIVES 

While  differing  from  your  Honor  on  this  matter,  we  are 
ready  to  acknowledge  the  generous  spirit  in  which  your  Honor 
yielded  control  in  matters  which  you  believed  were  entirely 
within  your  own  personal  province. 

But  in  so  important  a  matter  as  the  construction  of  the 
Act  under  which  we  have  our  existence  as  a  Council,  such  a 
grave  difference  of  opinion  can  only  lead  to  friction,  which 
must  inevitably  destroy  ojir  usefulness. 

We  therefore  tender  our  resignations,  because  we  cannot 
continue  to  work  under  a  system  in  which  our  most  important 
powers  are  only  granted  to  us  in  the  form  of  concessions,  and 
because  we  are  unwilling  to  accept  responsibility  without  a 
corresponding  right  of  control. 

We  believe  that  our  withdrawal  from  the  Council  will 
tend  to  bring  about  a  more  definite  understanding  with  re- 
gard to  the  various  powers  and  authorities  of  the  Territories, 
and  we  can  assure  your  Honor  that  our  successors,  if  true  to 
the  general  policy  outlined  by  yourself  last  year,  will  always 
receive  from  us  a  loyal  and  generous  support. 

In  conclusion,  let  us  assure  your  Honor  of  our  most  grate- 
ful appreciation  of  your  Honor's  personal  kindness  to  all  of  us, 
and  of  the  continuance  of  loyalty  and  attachment  on  our  part. 

We  are, 

Your  Honor's  obedient  Servants. 

F.  W.  G.  HAULTAIIsr. 
W.  SUTHERLAND. 
D.  F.  JELLY. 
HILLY ARD  MITCHELL. 


2.  Letter  from  Lieutenant  Governor  Royal  to  Mr.  F.  W.  G. 
HauUain,  Oct.  31,  1889. 

Government  House, 
Regina,  31st  October,  1889. 

My  Dear  Mr.  Haultain, — In  your  letter  of  the  29th  in- 
stant, containing  the  resignations  of  the  Members  of  the  Advis- 
ory Board,  I  notice  the  following: — "These  matters  do  not  in- 
volve   any    serious    departures    from    the    general    principles 


PIONEEK    LEGISLATION  1103 

adopted  by  us,  but  they  do  in  our  opinion  involve  the  Council 
and  lay  us  open  to  censure  for  at  least  grave  faults  of  adminis- 
tration." 

As  I  fail  to  remember  exactly  what  are  these  "departures" 
which  constitute,  I  suppose,  "the  grave  faults  of  administra- 
tion," would  you  be  so  kind  as  to  refer  specifically  to  these 
"grave  faults"  and  assist  me  in  refreshing  my  memory. 

Believe  me. 

Dear  Mr.  TTaultain^ 

Yours  very  sincerely, 

J.  ROYAL, 

Lieutenant-Governor,  N.  W.  T. 

F.  W.  G.  Haultain,  Esq.,  M.L.A., 
Eegina. 


3.  Minute  hy  His  Honor  the  Lieutenant-Governor. 

Government  House, 
Regina,  I^.W.T.,  Tuesday,  5th  November,  1889. 

Whereas  by  Section  13  of  Chap.  19,  Vic.  51,  it  is  enacted 
that  the  Lieutenant-Governor  shall  select  from  among  the  elect- 
ed Members  of  the  Legislative  Assembly  four  persons  to  act 
as  an  Advisory  Council  on  matters  of  finance,  who  shall  sev- 
erally hold  office  during  pleasure,  I  do  hereby  under  the  pro- 
visions of  the  said  Act  select  from  the  elected  Members  of 
the  Legislative  Assembly  in  the  place  of  and  room  of  the  four 
Members  selected  on  the  2nd  IsFovember,  1888,  and  who  have 
since  resigned,  the  following  four  persons  to  act  as  such  Coun- 
cil, namely: — 

Robert  George  Brett,  Esquire,  Member  for  Red  Deer; 

John  Felton  Betts,  Esquire,  Member  for  Prince  Albert; 

Da\dd  Finlay  Jelly,  Esquire,  Member  for  North  Regina ; 

Benjamin  Parkyn  Richardson,  Esquire,  Member  for  Wol- 
seley. 

J.  ROYAL, 

Lieutenant-Governor. 


1104  CANADIAN    AKCHIVBS 

J)..  Statement  to  the  Assembly  by  Mr.  Brett,  5th  November, 

1889. 

Tlie  Council  of  His  Honor's  Advisers,  formed  under  the 
Law,  will  exercise  the  functions  of  an  Executive  in  matters 
aifecting  the  Territorial  Finances  only,  as  well  as  in  the  dis- 
charge of  the  duties  assigned  bj  the  Ordinances  to  the  Lieuten- 
ant-Governor in  Council. 

On  the  other  hand,  and  in  order  that  the  requirements  of 
the  Country,  as  made  known  by  the  Members  of  this  J^cgis- 
lature,  may  be  met  as  fully  as  possible,  I  am  authorized  to  state 
that  it  is  the  intention  of  His  Honor  to  continue  in  consult- 
ing and  seeking  the  advice  of  the  Council  upon  all  matters  of 
the  administration  of  public  affairs,  and  to  comply,  as  in  the 
past,  with  the  recommendations  of  the  House  in  a  liberal  and 
constitutional  spirit. 


5.  Letter  from  R.  G.  Brett    to    Lieutenant-Governor    Royal, 
November  11,  1889. 

Legislative  Assembly, 
Regina,  [NT.W.T.,  mv.  11th,  1889. 

I'd   His   Honor  the   Ijieidena'nt-Governor   of   the   Norfh-West 
Territories: 

Sir, — In  consequence  of  the  House  having  adopted  at  its 
last  sitting  the  following  Resolution,  viz : 

"That  the  position  assumed  by  the  Advisory  Council,  as 
"set  out  in  the  statement  of  their  leader,  when  announcing 
"the  same,  was  assumed  contrary  to  the  wishes  of  this  Assembly, 
"and  the  Advisory  Council  do  not  possess  the  confidence  of 
"the  Assembly." 

I  beg  leave  to  tender  Your  Honor  ray  resignation  and  that 
cf  my  colleagues. 

While  believing  that  the  position  we  have  taken  on  this 
question  is  in  strict  accordance  with  Law  and  the  interests  of 
the  Territories,  at  the  same  time  we  feel  you  are  entitled  to  this 
action  on  our  part. 

I  have  the  honor  to  be, 

Your  obedient  servant, 

R.  G.  BRETT. 


PIONEER    LEGISLATION  1105 

6.. Letter  from   Lieutenant-Govemor  Royal   to   R.    G.   Brett, 
Nov.  12,  1889. 

Government  House, 
Eegina,  November  12th,  1889. 

10  o'clock  a.m. 
Dr.  B.  G.  Brett,  M.L.A.,  Regma: 

My  Dear  Sir, — I  am  in  receipt  of  your  letter  received 
yesterday  forenoon,  tendering  j^our  resignation  and  that  of  your 
colleagues,  as  Members  of  the  Advisory  Coimcil,  in  conse- 
quence of  the  Legislative  Assembly  having  adopted  at  its  last 
meeting  a  resolution  expressing  its  want  of  confidence  in  you 
and  your  colleagues  for  having  assumed  the  position  contrary 
to  the  wishes  of  the  majority  of  the  Assembly. 

The  question  is  one  of  Law,  and  having  after  due  consider- 
ation requested  you  to  assist  me  in  carrying  on  the  affairs  of 
the  Country  according  to  the  statute,  T  must  decline  to  accept 
your  resignation  in  the  absence  of  any  act  showing  that  you 
have  proved  yourselves  unworthy  of  the  trust  reposed  in  you. 

If  the  regime,  as  established  by  Law,  seems  capable  of 
amelioration,  constitutional  means  may  effectually  be  resorted 
to. 

Territorial  matters  alone  are  intended  by  the  statute  to  be 
placed  under  the  control  of  the  Assembly,  and  it  is  only  in 
the  event  of  you  administering  such  affairs  in  opposition  to 
the  wishes  of  a  majority  of  the  House  that  your  resignation 
as  Members  of  the  Executive,  can  be  entertained. 

I  have  selected  you  in  the  terms  of  the  Law,  and  this  pre- 
rogative would  be  very  seriously  impaired  if  you  were  to  be  de- 
nounced without  waiting  to  see  your  acts. 

At  the  last  Session  of  this  Assembly,  I  invited  the  repre- 
sentatives of  the  people  to  work  cordially  with  the  Council, 
in  order  to  make  the  best  possible  form  of  government,  with 
the  temporary  and  necessarily  imperfect  elements  placed'  by 
Parliament  at  our  disposal. 

It  is  my  sincere  belief  that  the  unmistakable  signs  of  con- 
fidence and  satisfaction  expressed  by  the  Country,  have  gone 
far  to  prove  that  our  efforts  were  crowned  Vv'ith  success. 
IN'evertheless  the  very  liberal  concessions  made  seemed  of  late 
to  have  failed  in  satisfying  the  Assembly,  and  impossibilities. 
with  the  present  machinery,  appear  to  hnve  hoen  imperatively 
28159— YO 


1106  CANADIAN  ARCHIVES 

insisted  upon  both  by  the  House  and  the  first  Advisory  Coun- 
cil, finally  leading  the  latter  to  resign  before  their  action  had 
been  constitutionally  dealt  with  by  the  Assembly. 

Under  these  circumstances  no  other  course  was  left  open  to 
me  but  to  enter  within  the  safe  lines  of  the  Law,  and  with  the 
assistance  of  another  Council,  formed  by  another  method,  to 
administer  the  public  affairs  in  full  accord  with  the  require- 
ments of  the  Country  and  in  strict  agreement  with  the  Law, 
as  I  find  it  on  tlie  Statute  Book. 

Having  fully  weighed  all  these  facts  and  considerations 
and  keeping  the  public  interest  steadily  in  view,  I  regret  not 
being  able  to  relieve  you  from  the  grave  duty  which  you,  as 
loyal  citizens,  owe  to  the  Law  and  to  your  Country. 

I  have  the  honor  to  remain,  my  dear  sir, 

Your  very  obedient  servant, 

J.  ROYAL, 

Lieutenaiit-Govemor  ISTorth-West  Territories. 


7.  Letter  from  R.  G.  Brett  to  Lieutenant-Governor  Royal,  Nov. 

15,  1889- 

Legislative  Assembly, 
Regina,  15th  !N'ovember,  1889. 

To  His  Honor  the  Lieutenant-Governor  of  the  North-West 
Territories. 

Sir, — In  consequence  of  a  majority  of  the  Assembly  re- 
fusing to  consider  the  Estimates  for  the  year  1889-90  as  pre- 
pared by  your  Honor's  Advisory  Council  and  submitted  to  the 
House  on  the  14th  instant,  I  must  press  upon  your  Honor, 
the  acceptance  of  the  resignation  of  myself  and  colleagues. 

Upon  general  questions  we  fully  adhere  to  the  views  ex- 
pressed by  me  when  accepting  office,  and  are  still  of  opinion 
that,  while  in  Territorial  matters  the  Advisory  Council  should 
possess  the  confidence  of  the  House,  the  Council  cannot  accord- 
ing to  the  true  construction  of  the  Law  be  held  in  any  way 
responsible  for  the  expenditure  of  the  Dominion  Funds.  Upon 
this  point  a  difference  of  opinion  prevails  amongst  the  mem- 


PIONEEE    LEGISLATION  1107 

bers  of  the  Assembly  and  an  adverse  vote  has  consequently 
been  given  upon  our  first  executive  act. 

In  taking  this  step,  we  hope  it  may  tend  to  further  the  work 
of  the  Session  and  if  possible  remove  the  obstruction  placed 
by  the  Assembly  by  refusing  to  vote  the  Territorial  funds 
necessary  for  the  carrying  on  of  the  affairs  of  the  Country. 

In  thus  expressing  ourselves,  we  also  desire  to  convey  to 
your  Honor  our  thanks  for  the  consideration  you  have  always 
given  to  our  suggestions  and  to  assure  your  Honor  that  our 
highest  aim  shall  be  to  assist  in  every  way  possible  towards 
carrying  on  the  Territorial  Government  to  the  fullest  possible 
extent  under  the  powers  granted  us. 

I  have  the  honor  to  be,  Sir, 

Your  obedient  servant, 

E.  G.  BRETT. 


8.  Letter  from  Lieutenant-Governor  Royal  to  R.  G.  Brett,  Nov- 

16,  1889. 

Government  House^         , 
Regina,  16th  November,  1889. 

My  Dear  Sir^ — I  have  received  your  letter  of  the  15th 
instant,  in  which  you  press  upon  me  the  acceptance  of  your 
resignation  and  that  of  your  colleagues,  as  Members  of  the 
Advisory  Council,  in  consequence  of  a  majority  of  the  Assem- 
bly refusing  to  consider  the  Territorial  Estimates  for  the  cur- 
rent year  submitted  by  you  to  the  Legislature.  Your  first 
executive  act  having  failed  to  secure  the  support  of  the  As- 
.-embly,  I  deem  it  my  duty  to  accept  your  resignation. 

I  trust  the  course  now  adopted  by  you  will  tend  to  con- 
vince your  friends  of  the  constitutional  propriety  of  the  posi- 
tion, which,  under  our  existing  circumstances,  you  and  your 
colleagues  had  assumed. 

Believe  me, 

Your  very  obedient  servant, 
'   J.  ROYAL, 
Lieutenant-Governor  of  N.W.T. 

Dr.  R.  G.  Brett,  M.L.A.,  Regina. 
28159— 70| 


1108  CANADIAN    AKCIIIVES 

9.  Letter  from  Lieutenant-Governor  Royal  to  Thomas  Tiueed^ 
November  20,  1889. 

Government  House^ 
Eegina,  20tli  :N'oveiiiber,  1880. 

Mr.  Dear  Sir, — I  regret  that  the  several  interviews  had 
Avith  Mr.  Clinkskill^  Tuesday  afternoon  and  with  you  and 
Messrs-  Clinkskill^  Cayley  and  Neff  yesterday  have  failed 
to  bring  about  what  I  must  suppose  to  be  the  object  of  every 
one,  namely,  the  formation  of  an  Advisory  Council  in  accord 
with  the  majority  of  the  Assembly. 

After  a  consultation  with  your  friends  about  our  last  inter- 
view, you  came  back  accompanied  by  the  three  gentlemen 
above  named  and  handed  me  a  slip  of  paper,  which  you  in- 
formed me  contained  the  propositions  upon  which  alone  a 
Council  might  count  upon  the  support  of  a  majority.  I  must 
confess  that  after  the  exhaustive  explanation  made  during  our 
interviews  I  did  not  expect  to  find  ourselves  at  the  point, 
where  we  had  started  at  our  first  meeting  in  the  morning. 
Be  that  as  it  ma}',  the  propositions  which  you  communicated 
to  me  are  as  follows : — 

1st.  "  Full  accounts  of  1888-89  according  to  vote,  as  shown 
by  Ordinance  A^o.  8  of  1888." 

If  as  stated  by  you,  your  contention  is  that  you  should 
have  the  Federal  accounts  in  order  to  criticise  and  investi- 
gate them,  a  right  that  you  appear  to  claim  under  the  Ap- 
propriation Ordinance  of  1888,  in  which  several  Federal 
items  were  allowed  to  be  included,  I  will  say,  regarding  this 
contention,  that,  according  to  my  interpretation  of  the  amended 
iJ^orth-West  Territories  Act,  the  Territorial  Accounts  are  the 
cnly  accounts  which  the  Assembly  seems  to  have  the  right  to 
examine,  and  investigate  and  inquire  into,  and  such  accounts 
have  been  duly  laid  before  the  Assembly  by  order  of  the 
Lieutenant-Governor. 

While  it  is  correct  to  assert  that  certain  items  already 
voted  by  the  Dominion  Parliament  for  expenses  of  the  ISTorth- 
West  Government  were  embodied  by  the  Assembly  in  its  Ap- 
propriation Ordinance  of  1888,  the  insertion  of  these  items 
could  not,  in  my  view,  imply  anything  more  than  an  expres- 
sion of  the  opinion  of  the  Assembly  respecting  the  apportion- 
ment of  these  moneys,  by  reason  of  the  fact  that  the  Assembly 
had  not  in  my  view  any  right  to  control  their  expenditure,  or 


PIONEER    LEGISLATION  1109 

to  alter,  or  divert  any  portion  from  the  purposes,  for  which 
they  were  originally  voted.  As  far  as  the  moneys  voted  by 
the  Dominion  Government  for  expenditure  under  the  head  of 
Roads  and  Bridges  were  concerned,  I  will  call  your  attention 
to  the  fact  that  a  plan  to  have  the  whole  sum  both  Territorial 
£iid  Federal  voted  for  that  service  equally  divided  amongst 
the  Members  elected  was  recommended  by  the  Assembly.  Be- 
lieving that  the  interests  of -the  people  might  be  thus  better 
served,  I  agreed  that  this  course  should  be  pursued  and  I 
allowed  the  Federal  Funds  under  that  head  to  be  added  to  the 
Territorial  Fund  appropriated  for  that  purpose,  thereby  in- 
suring for  each  district  a  much  larger  sura  for  expenditure 
imder  the  advice  of  the  various  Members  of  the  Assembly. 

Permit  me  to  say  that  I  cannot  but  express  my  regret  at 
the  difficulties  which  have  arisen  of  late  in  consequence  of 
the  course  then  adopted.  And  in  order  to  avoid  in  the  future 
any  misconception  and  the  giving  of  any  grounds  for  claim- 
ing as  rights,  what  were  merely  concessions,  I  took  occasion 
upon  the  resignation  of  the  first  Advisory  Council,  to  state 
what  appeared  to  me  to  be  the  legal  rights  and  duties  of  the 
Council.  See  my  letter  to  Dr.  Brett  of  the  12th  instant.  It 
may  not  be  out  of  place  to  notice  here  that  my  letter  to  Mr. 
Haultain^  concerning  the  specific  causes  of  his,  and  his  col- 
leagues' resignation  dated  the  29th  of  October  last,  is  as  yet 
•without  an  answer. 

2nd.  Your  second  proposition  is  that  "  the  Estimates  to 
"  be  communicated  to  the  Assembly  contain  the  full  amount 
"  of  the  Dominion  Vote  for  Territorial  purposes  for  1889- 
"  90." 

On  the  13th  instant  I  sent  a  message  to  the  Assembly  with 
the  Territorial  Estimates  for  1889-90,  but  I  did  not  include 
any  of  the  Dominion  items  of  expenditure  for  the  same  period, 
because,"  as  I  have  before  stated,  the  Assembly  is  not  in  my 
view  of  the  Law  entitled  to  have  included  in  the  Territorial 
Estimates  a  statement  of  any  of  the  sums  already  voted  by 
the  Dominion  Parliament- 

3rd.  Your  third  proposition  is  that  "  all  the  moneys  both 
"  Federal  and  Territorial  are  to  be  voted  by  the  Assembly  and 
*'  expended  by  the  Advisory  Council." 

I  have  upon  every  occasion  shown  that  I  admitted  the  pro- 
position, and  I  am  still  of  opinion,  that  under  the  present  Law 
■  all  the  Territorial  moneys  should  be  voted  by  the  Assembly 


1110  CANADIAN  AECHIVES 

and  expended  under  the  authority  and  responsibility  of  the 
Advisory  Council. 

As  far  as  Federal  moneys  are  concerned,  I  must  hold  that 
the  Law  requires  me  to  expend  them  under  the  direction  of 
the  Dominion  Government  and  not  under  the  direction  of 
the  Assembly. 

I  must  therefore  express  my  regret  that  under  the  Law, 
as  I  read  it  in  the  Statute  Book,  I  cannot  accede  to  this  portion 
of  your  last  proposition. 

I  sincerely  hope  and  trust  that  some  way  l)e  found  out 
of  the  present  difficulties,  so  that  the  business  of  the  Territories 
may  not  suffer  in  consequence. 

I  have  the  honor  to  be, 

Sir, 

Your  very  Obedient  Servant, 

J.  ROYAL, 

Lieutenant-Governor,  l^.W.T. 

1',  Tweed,  Esq.,  M.L.A., 
Regina. 


10. — Motion  of  Mr.  Thorhurn  with  amendment  in  the  Legis- 
lative Assembly,  Nov.  20,  1889. 

Moved  by  Mr.  Thorbuen^  seconded  by  Mr.  Neff. 

1.  That  whereas,  on  Saturday,  November  9th,  a  vote  of 
want  of  confidence  in  the  Advisory  Council  was  passed  by  this 
House  on  a  division  of  13  to  8 ; 

2.  And  whereas,  in  consequence  of  such  vote,  the  Advisory 
Council  tendered  their  resignation  to  His  Honor  the  Lieuten- 
ant-Governor; 

3.  And  whereas,  His  Honor  the  Lieutenant-Governor  re- 
fused to  accept  the  resignation  of  his  Council,  and  the  Council 
have  persisted  in  retaining  office; 

4.  And  whereas,  a  full  account  of  the  moneys  voted  to  Her 
IVIajesty  by  this  Assembly  at  its  last  Session,  for  the  public 
uses  of  the  Territories,  has  not  as  yet  been  rendered  to  this  As- 
sembly by  the  Advisory  Council  selected  by  His  Honor  the 
Lieutenant-Governor  to  assist  him  in  matters  of  finance; 


PIONEER    LEGISLATION  1111 

5.  And  whereas,  at  the  last  Session  of  this  Assembly  $105,- 
484-90  was  voted  (see  Ordinance  No.  8  of  1888),  and  the  state- 
ment of  expenditure  brought  before  the  Assembly  only  accounts 
for  $18,078.74; 

6.  And  whereas,  on  Thursday,  November  16th,  on  motion 
made  by  the  leader  of  the  Advisory  Council  to  consider  of  the 
supply  for  the  current  year,  an  amendment  was  moved  to  the 
effect  that  this  House  do  not_  consider  of  any  further  supply, 
until  an  account  has  been  rendered  of  the  sums  voted  last  Ses- 
sion; 

7.  And  whereas,  this  amendment  was  opposed  by  the  Mem- 
bers of  the  Advisory  Council,  and  was  carried  by  a  vote  of 
twelve  to  seven; 

8.  And  whereas,  the  result  of  this  vote  proved  that  the  ad- 
vice tendered  by  the  Advisory  Council  to  Ilis  Honor  the  Lieu- 
tenant-Governor was  not  in  accordance  with  the  wish  of  this 
iVssembly ; 

9.  And  whereas,  the  Estimates  laid  on  the  Table  of  this 
House  do  not  meet  with  the  approval  of  the  House,  inasmuch 
as  they  do  not  include  the  amounts  voted  by  the  Parliament  of 
Canada  at  its  last  Session  for  expenses  of  Government,  etc., 
in  the  North- West  Territories ; 

10.  And  whereas,  on  Friday,  November  the  15th,  an  hum- 
ble address  was  adopted  by  the  Assembly,  requesting  that  His 
Honor  the  Lieutenant-Governor  be  pleased  to  accept  the  re- 
signation of  the  present  Advisory  Council  and  select  another 
Council ; 

11.  And  whereas.  His  Honor  has  paid  no  attention  to  this 
humble  address,  but,  in  opposition  to  the  wishes  of  the  Assem- 
bly, retains  his  present  Council  in  office;  and  as  the  Assembly 
cannot  accept  the  financial  propositions  of  a  Council  in  whom 
it  has  no  confidence,  the  public  business  is  being  delayed  ; 

12.  And  whereas,  the  continuance  in  office  of  a  Council  not 
possessing  the  confidence  of  the  Assembly  was  a  gross  violation 
of  the  rights  and  privileges  of  the  Assembly ; 

13.  Therefore  be  if^esolved  that  an  humble  address  be  pre- 
sented to  His  Honor  the  Lieutenant-Governor,  praying  that  he 
will  cause  this  Eesolution  to  be  transmitted  by  telegram  to-day 
to  the  Right  Honorable  the  President  of  the  Privy  Council  of 
Canada. 

And  the  question  being  put,  it  was  moved  in  amendment  by 
Mr.  HaultaiN;,  seconded  by  Mr.  Cayley^  that  all  the  words 
after  the  Avord  "That"  to  the  end  of  the  question  be  struck  out 
and  the  following  substituted  therefor: — 


1112  CANADIAN  ARCHIVES 

1.  That  whereas,  on  Saturday,  November  9th,  a  vote  of 
want  of  confidence  in  the  Advisory  Council  was  passed  by  this 
House  on  a  division  of  13  to  8; 

2.  And  whereas,  in  consequence  of  such  vote,  the  Advisory 
Council  tendered  their  resignation  to  His  Honor  the  Lieuten- 
ant-Governor ; 

3.  And  whereas,  His  Honor  the  Lieutenant-Governor  re- 
fused to  accept  the  resignation  of  his  Council  and  the  Council 
persisted  in  retaining  office ; 

4.  And  whereas,  a  full  account  of  the  moneys  voted  to  Her 
Majesty  by  this  Assembly,  at  its  last  Session,  for  the  public 
uses  of  the  Territories,  has  not  as  yet  been  rendered  to  this 
Assembly  by  the  Advisory  Council  selected  by  His  Honor  the 
Lieutenant-Governor  to  assist  him  in  matters  of  finance ; 

5.  And  whereas,  at  the  last  Session  of  this  Assembly  $105,- 
484.90  was  voted  (see  Ordinance  Number  8  of  1888)  and  the 
statement  of  Public  Accounts  brought  before  the  Assembly  only 
accounts  for  $18,078.74; 

6.  And  whereas,  on  Thursday,  November  the  16th,  on 
motion  made  by  the  leader  of  the  Advisory  Council  to  consider 
of  the  supply  for  the  current  year,  an  amendment  was  moved 
to  the  effect  that  this  House  do  not  consider  of  any  further 
supply,  until  an  account  has  been  rendered  of  the  sums  voted 
last  Session ; 

7.  And  whereas,  this  amendment  was  opposed  by  the  Mem- 
bers of  the  Advisory  Council  and  was  carried  by  a  vote  of 
twelve  to  seven; 

8.  And  whereas,  the  result  of  this  vote  proved  that  the  ad- 
vice tendered  by  the  Advisory  Council  to  His  Honour  the 
Lieutenant-Governor  was  not  in  accordance  with  the  wishes  of 
this  Assembly; 

9.  And  whereas,  the  Estimates  laid  on  the  Table  of  this 
House  do  not  meet  with  the  approval  of  the  House,  inasmuch 
as  they  do  not  include  the  amounts  voted  by  the  Parliament  of 
Canada  at  its  last  Session  for  expenses  of  Government,  etc., 
in  the  North- West  Territories ; 

10.  And  whereas,  on  Friday,  November  the  15th,  an  humble 
address  was  adopted  by  the  Assembly  requesting  that  His  Honor 
the  Lieutenant-Governor  be  pleased  to  accept  the  resignation 
of  the  present  Advisory  Council  and  select  another  Council ; 

11.  And  whereas,  the  continuance  in  office  of  a  Council 
not  possessing  the  confidenee  of  the  Assembly  was  a  gross  vio- 
lation of  the  rights  and  privileges  of  the  Assembly; 


PIONEER    LEGISLATION  1113 

12.  And  whereas,  the  Advisory  Council  have  since  then 
resigned  and  His  Honor  the  Lieutenant-Governor  has  been 
pleased  to  accept  their  resignation ; 

13.  And  whereas,  no  new  Advisory  Council  can  be  formed, 
which  will  have  the  confidence  of  the  Assembly,  until  His 
Honor  has  signified  his  intention  to  accede  to  the  just  demands 
of  the  Assembly ; 

14.  And  whereas,  in  consequence  of  the  position  taken  up 
by  His  Honor  the  Lieutenant-Governor,  no  Estimates  can  be 
laid  before  the  Assembly,  and  the  business  of  the  Territories  is 
soi'icusly  impeded ; 

15.  Therefore  be  it  Resolved  that  an  humble  address  be 
presented  to  His  Honor  the  Lieutenant-Governor,  praying  that 
he  will  cause  this  liesoliition  to  be  transmitted  by  telegram  to- 
day to  the  Right  Honorable  the  President  of  the  Privy  Council 
of  Canada. 

And  the  question  being  put  on  the  amendment,  it  was  mov- 
ed bv  Mr.  Richardson,  seconded  by  !Mr.  Betts,  in  amendment 
to  the  amendment,  that  Clause  3  of  the  amendment  be  amended 
by  strik'"ng  out  the  words  "and  the  Council  persisted  in  retain- 
ing of^ce.'' 

And  tlie  question  being  put  upon  the  amendment  to  the 
araendmcnr,  it  n-used  in  the  negative. 

And  the  question  being  put  upon  the  amendment,  it  pa^-cd 
in  the  aflii'maLi\'('. 

The  question  v/as  then  put  upon  the  main  motion  as  amend- 
ed, ami  it  ])asi;ed  in  the  affirmative. 


11.  Memorandum  conceryiing  the  form  of  the  Government  and 
the  finances  of  the  Territories,  Nov.  21,  1889. 

!N'orth-West  Legislature, 

Regina,  'Rov.  21st,  1889. 

To  the  Honorable  the  Minister  of  the  Interior. 

Sir, — The  Legislative  Assembly  of  the  l^orth-West  Terri- 
tories, now  in  its  second  Session  at  Regina,  desires  to  lay 
before  you,  both  as  Minister  and  as  one  of  the  Territorial  Mem- 
bers, a  memorandum  concerning  the  present  form  of  the  Gov- 
ernment in  the  Territories,  and  the  finances  of  the  Territories, 
witli  the  request  that  you  will  lay  it  before  the  Privy  Council 


1114  CANADIAN    ARCHIVES 

for  their  action,  and  that,  in  the  event  of  it  being  the  intention 
of  your. Department  to  re-introduce  Bill  No.  136  of  last  Ses- 
sion of  Parliament,  it  may  form  the  basis  of  some  change 
therein. 

MEMORANDUM. 

At  the  first  Session  of  this  Assembly,  held  in  1888,  a 
Memorial  was  transmitted  to  Ilis  Excellency  the  Governor- 
General  in  Council,  setting  forth,  amongst  other  things,  the 
following : — 

"  That  although  this  Assembly  has  been  granted  control  of 
all  expenditure  for  the  current  year,  yet  the  North-West  Terri- 
tories Act  does  not  clearly  give  the  Assembly  that  control  of 
the  moneys  voted  by  the  Dominion  Government  for  the  ex- 
penses of  Government  in  the  Territories,  which,  in  the  opinion 
of  the  Assembly,  they  are  undoubtedly  entitled  to. 

That  there  is  no  permanent  responsible  body,- whose  busi- 
ness it  is  to  prepare  legislation  for  the  consideration  of  thig 
Assembly,  and  in  consequence  its  legislative  functions  cannot 
be  satisfactorily  performed;  for  instance,  the  Assembly  has 
had  to  present  an  humble  address  to  His  Honor  the  Lieu- 
tenant-Governor, praying  that  he  may  be  pleased  to  appoint 
a  Commission  to  draft,  during  the  recess,  certain  measures 
deemed  advisable  by  the  Assembly;  measures  which  it  should 
be  the  duty  of  a  Legislative  Government  to  submit. 

Therefore  the  Assembly  recommends  to  His  Excellency  the 
Governor-General  in  Council,  that  full  responsible  Govern- 
ment should  be  given  to  the  Territories  with  the  other  powers, 
in  addition  to  those  already  possessed  by  the  Assembly,  granted 
by  the  British  North  America  Act  to  the  Provinces  of  Canada, 
with  the  exception  of  the  power  to  raise  money  on  the  public 
credit." 

The  Assembly  now  finds  that  the  experience  of  the  past 
year  and  of  the  present  Session  fully  justifies  the  represen- 
tations and  the  recommendation  then  made,  but  that,  although 
a  Session  of  the  Dominion  Parliament  has  been  held  since  the 
same  were  made,  neither  by  Bill  No.  136,  nor  in  any  other 
manner,  has  the  Government  sought  either  to  remedy  the 
existing  state  of  affairs  or  to  carry  into  effect  the  recommenda- 
tion above  contained. 

During  the  present  Session,  the  first  Advisory  Council 
appointed  by  the  Lieutenant-Governor  resigned,   because  the 


PIONEER    LEGISLATION  1115 

Executive  did  not  always  find  itself  bound  by  the  advice  of 
the  Council  in  cases  where  the  advice  of  the  Council  was 
invited.  In  their  letter  of  resignation  the  Council  used  the 
following  language :  "  The  constant  discussion  at  Council  meet- 
ings on  the  general  theory  of  our  constitution  showed  us  plainly 
that  Your  Honor  only  conceded  what  we  claimed  as  a  right," 
and  "  In  so  important  a  matter  as  the  construction  of  the  Act, 
under  which  Ave  have  our  existence,  as  a  Council,  such  a  grave 
difference  of  opinion  can  only  lead  to  friction,  which  must 
inevitably  destroy  our  usefulness." 

The  next  Council,  on  assuming  office,  had  a  serious  differ- 
ence with  the  Assembly  on  the  "  powers  "  or  "  concessions  " 
withheld  from  it  by  the  Lieutenant-Governor,  and  although 
a  vote  of  want  of  confidence  was  passed  upon  it,  and  they  re- 
signed, their  resignation  was  not  accepted  until  the  Assembly 
refused  to  vote  the  Estimates. 

The  radical  difference  of  opinion  between  the  Lieutenant- 
Governor  and  the  Assembly  arose  with  regard  to  the  question 
of  the  extent  of  the  powers  and  responsibility  of  the  Advisory 
Council. 

The  Lieutenant-Governor  holds  that  the  Assembly  is  not 
entitled  to  have  a  statement  of  Public  Accounts  laid  before 
them,  showing  what  disposition  has  been  made  of  moneys  voted 
last  Session  by  the  Assembly,  on  the  ground  that  the  moneys 
unaccounted  for  were  part  of  the  Dominion  vote  to  the  Terri- 
tories for  1888-89. 

The  Assembly  considers  that  these  moneys,  having  been 
voted  on  Estimates  sent  down  by  message  of  the  Lieutenant- 
Governor,  and  by  an  Ordinance  of  the  Assembly  assented  to 
by  the  Lieutenant-Governor,  should  be  duly  accounted  for  to 
the  Assembly. 

It  is  held  by  the  Lieutenant-Governor  that  the  Advisory 
Council  has  control  and  is  responsible  to  the  Assembly  with 
respect  to  the  Territorial  Revenue  only,  and  that  the  words 
"  matters  of  finance  "  in  Section  13  of  the  :N"orth-West  Terri- 
tories Act  of  1888  are  restricted  in  their  application  to  Terri- 
torial Revenue  exclusively, 

A  majority  of  the  Assembly,  on  the  contrary,  holds  that 
the  Section  means  all  matters  of  finance,  including  in  con- 
sequence the  Dominion  grant. 

The  Lieutenant-Governor  refusing  to  modify  his  view  on 
this  matter,  the  majority  in  the  Assembly  protested  by  refusing 


1116  CANADIAN  AKCHIVES 

to  vote  the  Territorial  Estimates,  and  by  ^vithdrawing  the 
powers  previously  granted  to  the  Advisory  Council  under  the 
Ordinances. 

This  Assembly  therefore,  after  a  trial  reaching  well  into 
its  second  year,  is  forced  to  the  conviction  that  the  present 
system  of  government  in  the  Territories  is  defective,  and 
desires  to  repeat  its  recommendation  of  last  year,  and  the 
recommendation  of  the  N'orth-West  Council  of  previous  years, 
in  favor  of  full  control  of  the  finances  of  the  Territories,  that 
is,  that  the  money  voted  yearly  by  the  Dominion  Government 
for  governmental  purposes  in  the  I^orth-West  be  given  to  the 
representatives  of  the  people  of  th^  Territories. 

The  Assembly  does  not  ask  for  the  abolition  of  the  Ad- 
visory Council,  although  if  the  number  of  Councillors  were 
reduced  to  three,  it  thinks  that  would  be  sufficient,  but  it 
asks  that  the  Advisory  Council  should  be  paid,  that  the  Lieu- 
tenant-Governor should  not  be  a  Member  of  it,  and  that  it 
should  be  definitely  declared  that  the  Dominion  grant  is  to 
be  expended  only  on  a  vote  of  the  Assembly. 

If  these  things  are  done,  the  Assembly  feels  assured  that 
economy  in  administration  would  be  the  result  and  that  the 
people  of  the  Territories  would  l)e  fully  satisfied  with  the 
form  of  government. 

FINANCES. 

That  the  necessities  of  local  government  in  the  ]^orth 
'  West  Territories  demand  that  there  should  be  subsituted  for 
the  annual  vote  by  the  Parliament  of  Canada  of  an  indefinite 
turn,  for  expenses  of  government  in  the  ISTorth-West,  a  fixed 
pa^'ment  in  the  nature  of  a  provincial  subsid}' ;  the  amount  of 
which  should  be  determined  with  a  view  to  the  considerations 
hereinafter  recited. 

1.  That,  owing  to  the  rapid  increase  of  the  population  in 
the  E'orth-West,  the  amount  of  subsidy  should  be  fixed  for  a 
term  of  not  more  than  five  years. 

2.  That  the  population  of  the  Territories  is  now  estimat- 
ed at  100,000,  and  that,  according  to  the  known  rate  of  in- 
crease in  the  past,  and  the  still  greater  increase  certain  to 
accrue  in  the  near  future,  as  a  result  of  the  completion  of  the 
railway  projects  now  in  hand,  the  present  estimated  popula- 
tion may  be  expected  to  double  in  the  said  term  of  five  years. 


1  1 1  '^ 
PIONEER    LEGISLATION  XXXi 


3    That  in  this  case  an  estimated  population  of  150,000 
would  be  the  proper  basis  of  calculation  regarding  subsidy  for 

''\'T"t'wran  estimated  population  of  150,000  the  sub- 
sidy at  the  rate  of  80  cents  a  head,  as  allowed  the  Provinces, 
would  amount  to  $120,000.  ^     ^ 

5  That  on  debt  account  the  Territories  are  entitled  to 
five  per  cent  interest  on  $2T  77  per  head  on  an  actual  popu- 
lation of  100,000.  which  would  amount  to  ^ld«,85U. 

6.  That  the  specific  grant  for  governmental  purposes  should 
be  at  least  as  liberal  as  that  made  to  Manitoba,  that  is  to  say, 

^^^^That  as  Manitoba  has  been  held  to  be  entitled  to  a 
specific  grant  on  account  of  lack  of  lands,  the  Territories  are 
entitled  to  a  like  grant  in  consideration  of  their  special  cir- 
cumstances, some  of  which  are  as  follows:— 

1  )  Owing  to  the  vast  area  of  the  Territories,  and  the 
widely  scattered  nature  of  the  settlement,  all  the  busme^  of 
the  local  government  is  rendered  more  expensive  proportion- 
ately to  population  than  in  any  of  the  Provinces 

(2.)  That  as  the  Parliament  of  Canada  retains  the  control 
of  the  public  lands,  grass,  timber  and  minerals  of  the  ierri- 
tories  and  derives  revenue  therefrom,  it  has  a  direct  finan- 
cia  i^ter  St  in  .^ood  government  and  public  improvements  m 
Te  Terr  re,, ',,  it  has  not  in  any  of  the  Provinces,  except 
Manitoba  and  therefore,  should  pay  more  proportionately  to 
"pport  of  the  local  government  of  the  Territories  than  to 
that  of  anv  of  the  Provinces,  in  whose  ocal  government  or 
mnrovements  it  has  no  such  direct  financial  interest 

^  3  rT  more  important  of  these  local  enterprises  or  im- 
provements are  the  improvement  of  trails  in  the  -rtiern  and 
western  parts  of  the  Country;  the  preservation  and  increase 
nfthe  water  supply  in  the  eastern  and  southern  part;  protection 
from  prafr  e  rforest  fires  in  all  parts;  and  the  opening  up 
and  impro  "me^it  of  trade  routes  into  the  vast  and  as  yet  almost 
TntnX  northern  interior,  which  comprises  about  one  third 
^■P  +\iP  area  of  the  whole  Dominion.    •  ,  j?      .t, 

°'   pyx  foregoing  reasons    a  specific  --f  .^-"V^j;''^ 
five  Years  term  slionld  l:.e  made  to  the  amoimt  of  SWO-000. 

S^  That    as  al>ove  recited,  the  Territories  are  entrtled  to  a 
totaMuai  subsidy  fro^r  the  P-Uament  of  Canada,  for  the 
■    five  years  next  ensuing  of  $408,85U. 


1118  CANADIAN  ARCHIVES 

9.  That  the  amount  voted  by  the  Parliament  of  Canada 
for  expenses  of  government  in  the  North-West  Territories 
for  the  current  year  is  $145,000,  which,  with  the  sum's  ap- 
propriated for  registration  purposes,  Members'  indemnity, 
Clerk's  salary  and  other  matters  properly  chargeable  to  provin- 
cial acccount,  makes  a  total  subsidy  of  $176,410  for  the  cur- 
rent year,  as  against  a  vote  of  $20,000  for  expenses  of  gov- 
ernment in  1882. 

10.  That,  as  the  yearly  increase  in  the  amount  of  the  vote 
has  been  based  on  the  yearly  increasing  needs  of  the  Country, 
the  fixed  amount  asked  is  probably  not  as  great  as  would  be 
reached  during  the  proposed  term  of  five  years  under  the  pre- 
sent system. 

11.  That  at  the  same  time  it  would  be  an  advantage  to 
the  Territories  to  have  the  grant  made  in  the  manner  specified. 
At  the  present  time,  as  the  grant  lapses  from  year  to  year, 
there  is  not  the  same  inducement  to  economical  expenditure, 
as  would  exist,  could  the  savings  of  one  year  be  carried  for- 
ward to  the  next- 

Under  the  present  system,  public  improvements  are  con- 
fined to  works  of  a  minor  character,  partly  because  the  amount 
of  the  grant  is  kept  so  close  to  the  barest  needs  of  the  Country ; 
and  partly  because  it  is  impossible,  owing  to  uncertainty  as  to 
amount  of  the  grant  from  year  to  year,  to  undertake  work 
such  as  cannot  be  completed  out  of  the  grant  of  the  simple  year ; 
and,  as  a  consequence,  works  of  the  most  pressing  necessity  are 
left  undone,  while  the  funds  are  being  annually  expended  on 
works  of  minor  importance. 

BILL  NO.  136. 

The  Assembly  has  had  under  consideration  Bill  ISTo.  136 
of  last  Session  of  Parliament,  and,  having  given  the  Bill  care- 
ful consideration,  desires  to  make  the  following  suggestions  in 
regard  thereto: — 

1.  With  the  exception  of  Section  110  of  the  Bill,  which 
deals  with  the  Prohibitory  Law  and  other  subjects,  the  Bill 
does  not  propose  to  deal  with  any  matters  affecting  the  Terri- 
tories in  a  line  with  the  often  expressed  wishes  of  the  North- 
West  Council  and  the  ISTorth-West  Legislature,  but  is  distinctly 
retrogi'essive. 

2.  Section  10  of  the  Bill  should  be  amended,  so  as  to  dis- 
pense with  the  sitting  of  Legal  Expert  with  the  Assembly. 


PIONEER    LEGISLATION  1119 

3.  Section  11  of  the  Bill  should  be  amended,  so  as  to  make 
the  term  of  the  Assembly  four  years  instead  of  three,  and  to 
place  the  power  of  dissolution,  on  the  advice  of  his  responsible 
advisers,  in  the  hands  of  the  Lieutenant-Governor. 

4.  Power  to  deal  with  Sections  15  and  16  of  the  Bill 
relating  to  the  franchise  should  be  given  to  the  Assembly 
in  the  same  way  as  is  proposed  for  the  prohibitory  clauses, 
with  the  exception  that  the"  present  Assembly  be  given  power 
to  deal  with  them. 

5.  Section  26,  the  Separate  School  Clause,  has  been  made 
the  subject  matter  of  an  Address  to  the  Governor-General  in 
Council. 

6.  The  powers  conferred  upon  the  Governor-General  in 
Council  by  Section  54  should  be  conferred  upon  the  Lieu- 
tenant-Governor acting  by  and  with  the  advice  and  consent 
of  his  responsible  advisers. 

7.  Section  59  should  be  so  amended  as  to  give  the  ap- 
pointments of  Sheriffs  and  Clerks  of  Court  to  the  Local 
Governments,  together  with  all  regulations  in  regard  to  the 

same. 

8.  Section  63  proposes  to  give  the  Lieutenant-Governor 
alone  the  power  to  regulate  the  fees  of  Clerks  of  Court,  and 
should  be  changed,  so  as  to  leave  that  power  under  the  control 
of  the  Assembly. 

9.  Section  66  of  the  Bill  proposes  to  take  away  the  power 
of  appointing  Justices  of  the  Peace  from  the  Lieutenant- 
Governor,  and  to  give  that  power  to  the  Governor-General  in 
Council;  there  is  no  reason  why  this  power,  which  belongs  to 
all  Provincial  establishments,  should  be  taken  from  the  Terri- 

t01*lGS« 

10.  Power  also  to  prescribe  qualification  and  make  regu- 
lations regarding  Justices  of  the  Peace  should  be  given  to  the 
Assembly.  . 

11.  Section  68  should  be  repealed,  and  Section  69  ^  so 
amended  as  to  give  every  person  charged  with  a  criminal 
offence  the  right  to  a  jury,  if  he  so  desires  it. 

12.  Section  98  of  the  Bill  proposes  to  continue  a  law 
which  under  existing  circumstances  is  unnecessai-y. 

13.  The  property  in  all  road  allowances,  trails,  non-navi- 
gable rivers  and  streams  and  their  road-beds,  as  well  as  the 
power  of  control,  should  be  vested  in  the  Government  of  the 
Territories. 


1120  CANADIAN    ARCHIVES 

14.  Section  106  of  the  Bill  should  be  expunged. 

15.  The  provisions  with  regard  to  the  prohibitory  and  other 
clauses  contained  in  Section  110  of  the  Bill  are  satisfactory 
to  the  Assembly,  except  that  the  law  in  regard  to  liquor  should 
not  be  amended  by  any  Dominion  Legislation,  but  should  re- 
main the  same  until  the  power  conferred  by  Section  110  is 
exercised  by  the  Assembly. 

MEMORIALS  OF  THE  LEGISLATIVE  ASSEMBLY  OF 
THE  KORTH-WEST  TERRITORY  TO  THE  IIOX- 
ORABLE  THE  MINISTER  OF  THE  INTERIOR. 

1.  Whereas,  very  serious  losses  have  been  suffered  by 
farmers  from  the  ravages  of  gophers  in  the  growing  grain, 
reaching  according  to  various  returns,  from  districts  extend- 
ing from  range  one  to  range  twenty-two  west  of  the  second 
initial  Meridian,  to  an  average  of  52  per  cent  of  the  acreage 
sown,  during  the  season  of  1889- 

2.  And  whereas,  gophers  breed  not  only  on  the  lands 
occupied  by  settlers,  but  also  on  the  vacant  lands  held  by  the 
Dominion  Government,  the  Canadian  Pacific  Railway  Com- 
pany, and  other  parties,  and,  in  dry  seasons  especially,  gather 
in  from  surrounding  vacant  lands  on  to  the  growing  crops  of 
settlers  doing  immense  damage,  and  in  such  numbers  that  it 
has  been  found  impossible  for  individual  settlers,  by  their 
unaided  efforts  and  at  their  own  expense,  to  contend  success- 
fully in  preventing  the  ravages  thus  committed. 

3.  And  whereas,  gophers  can  be  more  effectually  stamped 
out  in  the  early  spring,  before  the  young  broods  are  produced, 
than  later  in  the  season. 

4.  Therefore  the  Assembly  prays  that  you  will  be  pleased 
to  have  a  moderate  amount  placed  in  the  Estimates,  and 
have  arrangements  made  for  the  purpose  of  paying  a  bonus 
of  two  cents  per  head  for  gophers,  that  shall  be  destroyed 
during  the  month  of  April,  1890,  and  one  cent  per  head  for 
gophers  destroyed  during  the  month  of  May,  1890,  in  the 
Territories,  thus  enabling  farmers  to  engage  in,  or  hire  boys 
to  undertake  the  destruction  of  gophers  during  these  months. 

5.  And  whereas,  farmers  in  various  districts  in  the  Terri- 
tories have  had  their  crops  destroyed  during  the  past  season 
from  the  effects  of  drought,  the  ravages  of  gophers,  and  by 
prairie  fires,  and  many  in  such  districts  are  comparatively 
destitute  and  are  unable  of  themselves  to  procure  seed  grain 
for  the  spring  of  1890. 


PIONEEK    LEGISLATION  1121 

6.  And  whereas,  without  special  aid,  large  areas  of  culti- 
vated laud  will  remain  uncropped  in  the  districts  referred  to, 
during  the  year  1890,  to  the  great  detriment  of  the  settlers  and 
of  every  interest  in  the  Territories; 

7.  Therefore  the  Assembly  prays  that  you  will  be  pleased 
to  have  a  sufficient  sum  placed  in  the  Estimates  for  the  pur- 
pose of  providing  farmers,  who  require  it,  with  seed  grain  and 
potatoes  for  the  season  of  1890.  The  seed  thus  supplied  to  be 
distributed  on  such  conditions  as  may  be  considered  desirable. 

8.  Whereas,  the  right  of  adding  the  eighty-acre  pre-emp- 
tion to  the  homestead,  thus  making  one  hundred  and  sixty 
acres  for  homestead,  has  been  greatly  appreciated  by  the  set- 
tlers, but  has  been  covered  by  the  following  condition,  viz: — 

That  in  order  to  have  the  advantage  of  this  provision,  a 
settler  must  buy  a  pre-emption  of  not  less  than  eighty  acres 
and  not  more  than  one  hundred  and  sixty  acres  at  two  dol- 
lars and  a  half  per  acre,  and  that  the  amount  of  the  pre-emp- 
tion must  be  paid  in  full  before  a  patent  can  be  obtained; 

And  whereas,  this  condition  has  been  greatly  c^miplaiiied 
of  by  settlers; 

Therefore  the  Assembly  prays  that  the  condition  may  be 
done  away  with. 

9.  That,  in  the  opinion  of  the  Assembly,  it  would  be  only 
just  to  those  who  entered  for  lands  in  the  Territories  during 
the  operation  of  the  Act  permitting  second  homesteads,  that 
second  homesteading  should  in  all  cases  be  extended  to  them, 
provided  they  have  continuously  cultivated  their  first  home- 
stead. 

10- -Whereas,  it  has  been  proved  that  for  the  success  of 
the  settler  it  is  necessary  for  him  to  engage  in  both  grain  and 
stock  raising,  and  for  this  purpose  he  requires  not  less  than 
three  hundred  and  twenty  acres  of  land ; 

Therefore  the  Assembly  prays  that  the  right  of  pre-emption 
be  extended  beyond  the  1st  January,  1890. 

11.  Whereas,  extensive  tree  culture  would  prove  of  great 
assistance  in  promoting  the  agricultural  prosperity  of  the  Terri- 
tories ; 

And  whereas,  it  has  been  proved  that  trees  grow  rapidly 
and  surely  in  the  Territories,  if  properly  managed; 

Therefore  the  Assembly  prays  that  the  Dominion  Govern- 
ment may  adopt  some  plan  having  in  view  the  encouraging 
of  tree  planting. 

28159—71 


1122  CANADIAN  ARCHIVES 

The  said  Memorials  were  then  respectively  read  the  second 
time  and  concurred  in. 

12. — Certified  copy  of  a  Report  of  a  Committee  of  the  Honor- 
able the  Privy  Council,  approved  hy  His  Excellency  the 
Governor  General  in  Council,  on  the  6th  January,  1890. 

The  Committee  of  the  Privy  Council  have  had  under  con- 
sideration the  annexed  Report  dated  3rd  January,  1890,  from 
the  Minister  of  Justice  upon  an  Ordinance  of  the  Legislative 
Assembly  of  the  North- West  Territories  which  was  assented  to 
on  the  22nd  day  of  JSTovember  last,  and  which  was  received  by 
the  Secretary  of  State  on  the  17th  December  last,  being  "ISTo. 
24  of  1889,  An  Ordinance  to  amend  Chapter  I  of  the  Revised 
Ordinances  of  the  iN'orth-West  Territories  intituled  *  The  Inter- 
pretation Ordinance.' "  This  Ordinance  is  in  amendment  of 
Sub-section  6  of  Section  8  of  said  Chapter  I,  and  relates  to 
the  administration  of  financial  affairs  in  the  Territories. 

The  Committee  concur  in  the  opinions  of  the  Minister  of 
Justice  as  set  forth  in  the  said  Report  and  the  recommenda- 
tions therein  contained  that  the  said  Ordinance  be  disallowed, 
and  advise  that  the  same  be  disallowed  accordingly. 

The  Committee  further  advise  that  the  Secretary  of  State 
be  authorized  to  transmit  a  copy  of  this  Minute  and  of  the  an- 
nexed Report  to  the  Lieutenant-Governor  of  the  J^^orth-West 
Territories. 

(Signed)     JOHKT  J.  McGEE, 

Clerk,  Privy  Council. 

To  the  Honorable  The  Secretary  of  State. 

13.  Report  of  the  Minister  of  Justice,  Jan.  3,  1890. 

Department  of  Justice,  Canada, 

Ottawa,  3rd  January,  1890. 

To  His  Excellency  the  Governor  General  in  Council. 

The  undersigned  has  the  honor  to  call  the  attention  of  Your 
Excellency  to  an  Ordinance  of  the  Legislative  Assemblv  of  the 
iNorth-West  Territories,  which  was  assented  to  on  the  22nd  day 
of  iN'ovember  last,  and  which  was  received  at  the  Department  of 
the  Secretary  of  State  on  the  iTth  December  last,  being  No. 
24  of  1889.  This  Ordinance  is  in  amendment  of  Sub-section 
6  of  Section  8  of  Chanter  I  of  the  Revised  Ordinances  of  the 


PIONEER    LEGISLATION"  1123 

North-West  Territories,  and  relates  to  the  adniinistratiou  of 
financial  affairs  in  the  Territories. 

The  power  of  the  Legislative  Assembly  of  the  Territories 
to  pass  Ordinances  is,  of  course,  limited  to  such  "as  are  not  in 
excess  of  the  power  conferred  by  the  91st  and  92nd  Sections 
of  the  British  jSTorth  America  Act  upon  the  Legislatures  of  the 
several  Provinces  of  Canada,"  and  no  such  Ordinance  can  have 
validity  if  it  is  inconsistent  with,  alters  or  repeals  any  provis- 
ion of  that  Act  or  of  any  Act  of  the  Parliament  of  Canada  in 
force  in  the  Territories.  This  is  provided  by  Section  13  and 
by  Section  2  Sub-section  C  of  ''The  ]Srorth-Y\"est  Territories 
Act,"  Chapter  50  Kevised  Statutes  'of  Canada. 

These  being  the  powers  possessed  by  the  J^orth-West  As- 
sembly, the  undersigned  has  now  to  state  to  Your  Excellency 
what  the  provision  made  by  the  Parliament  of  Canada  is,  in 
relation  to  the  subject  on  which  the  Ordinance  now  under  re- 
view was  made. 

The  Lieutenant-Governor  of  the  Territories  havino-  vested 
in  him  the  administration  of  the  Government,  by  virtue  of 
Section  4  of  ''The  Xorth-West  Territories  Act,"  it  is  provided 
by  an  Act,  in  amendment  of  "The  jS[orth-West  Territories  Act," 
namely  Chapter  19,  1888,  Section  13,  that  "The  Lieutenant- 
Governor  shall  select  from  among  the  elected  Members  of  the 
Legislative  Assembly  four  persons  to  act  as  an  Advisory  Coun- 
cil, in  matters  of  Finance,  who  shall  severally  hold  office  during 
pleasure,  and  the  Lieutenant-Governor  shall  preside  at  all  sit- 
tings of  such  Advisory  Council,  and  have  a  right  to  vote  as  a 
member  thereof,  and  shall  also  have  a  casting  vote  in  case  of  a 
tie." 

It  seems  unnecessary,  in  the  view  which  the  undersigned 
takes  of  this  subject,  to  consider,  at  present,  a  question  which 
has  given  rise  to  some  controversy  in  the  Territories,  namely, 
whether  the  "matters  of  Finance"  which  are  mentioned  in  the 
Section  just  quoted  include  the  administration  of  moneys  ap- 
propriated by  the  Parliament  of  Canada,  as  well  as  the  reven-- 
ues  of  the  Territorial  Government  derived  from  local  sources. 
It  seems  clear  to  the  undersigned  that  the  "matters  of  Finance," 
which  are  so  mentioned  in  that  Section,  undoubtedly  include 
the  administration  of  the  Territorial  Revenues,  which  is  one  of 
the  principal  functions  which  the  Lieutenant-Governor  has  to 
perform  by  virtue  of  his  office. 

The  appropriation  made  by  the  Parliament  of  Canada, 
being  placed  at  the  disposal  of  Your  Excellency,  may  be  ad- 

28159— 71^ 


1124  CANADIAN    ARCHIVES 

ministered  in  various  wa>-s,  without  being  placed  under  the  con- 
trol of  the  Lieutenant-Governor,  but  the  local  revenues  of  the 
Territories  are  necessarily  under  his  control  by  virtue  of  the 
Statutory  provision  which  creates  his  office  and  invests  him 
with  the  administration  of  the  Government. 

Ecing  clearly  of  opinion,  therefore,  that  the  duty  is  im- 
posed on  the  Lieutenant-Governor  of  appointing  an  Advisory 
Council  on  matters  of  Finance,  and  that  these  matters  of  Fin- 
ance, on  which  he  has  to  be  so  advised,  include  the  adminis- 
tration of  the  Territorial  Kcvcnucs,  the  undersigned  is  obliged 
to  call  the  attention  of  Yur.r  Excellency  to  the  fact  that,  in 
his  opinion,  the  Ordinance  above  mentionod,  (No.  24  of  1889) 
is  inconsistent  with  the  provisions  of  the  Act'of  the  Parlian\cnt 
of  Canada  relating  to  that  subject. 

By  Chapter  3  of  the  Kevised  Ordinances  of  the  Territories 
it  is  provided  as  follows: — 

Section  1.  All  duties,  revenues,  license  fees,  fines,  penal- 
ties and  moneys  whatsoever  of  the  Territories,  over  which  the 
Lieutenant-Governor  and  Legislative  Assembly  have,  or  here- 
after may  have  the  power  of  appropriation,  .shall  form  one 
fund,  to  be  called  the  "General  Revenue  Fund,"  to  be  appro- 
priated for  the  public  service  of  the  Territories,  in  the  manner 
and  subject  to  the  changes  hereinafter  mentioned. 

Section  2.  The  said  fund  shall  be.  permanently  charged, 
subject  to  revision  and  audit,  as  may  be  directed  by  Ordin- 
ance, or  Order  of  the  Lieutenant-Governor  in  Council,  with 
all  the  costs,  charges  and  expenses  incident  to  the  collection, 
iiianagement,  receipt  and  disbursement  thereof. 

Section  4.  Unless  the  said  fund  be  appropriated  in  detail 
by  Ordinance,  the  Lieutenant-Governor  in  Council  may  from 
time  to  time  appropriate  said  fund,  or  any  portion  therof,  for 
any  piirpose  of  public  utility  in  the  Territories,  and  a  statement 
of  .such  expenditure  shall  be  laid  before  the  Legislative  As- 
sembly at  every  successive  Session  thereof. 

Section  5.  The  Lieutenant-Governor  in  Council  may,  from 
time  to  time,  determine  what  officers  or  persons  it  is  necessary 
to  employ  for  any  of  the  purposes  mentioned  in  this  Ordin- 
ance, assign  their  names  of  office,  prescribe  their  duties,  grant 
salaries  or  pay  for  their  services,  make  the  necessary  appoint- 
ments, and  exact  such  securities  from  such  officers  and  persons 
as  may  be  deemed  proper. 

The  words  "Lieutenant-Governor  in  Council,"  which  ap- 
pear in  this  and  other  Eevised  Ordinances,  are    declared    by 


PIONEER    LEGISLATION  1125 

Chapter  1,  Section  8,  subsection  G,  to  mean  "  tlie  Lieutenant- 
Governor  or  person  administering  the  Government  of  the 
Territories  for  the  time  being,  acting  by  and  vs^ith  the  advice 
of  or  by  and  with  the  advice  and  consent  of  or  in  conjunction 
with  the  Advisory  Council  of  the  Territories." 

It  will  therefore  be  seen  that,  prior  to  the  passage  of  the 
Ordinance  which  is  the  subject  of  this  report,  the  Legislative 
Assembly  of  the  Territories  had  declared  in  effect,  that  the 
expenditure  of  unappropriated  Territorial  Kevenues  should  be 
vested  in  the  Lieutenant-Governor  and  the  Advisory  Council, 
established  by  the  Act  of  Parliament  of  1888,  Chapter  19, 
Section  13. 

The  provisions  of  the  Ordinances  to  that  end  were  unneces- 
sary, as  the  enactments  of  Parliament,  by  vesting  the  Admin- 
istration of  the  Government  of  the  Territories  in  the  Lieuten- 
ant-Governor, and  by  directing  that  he  should  appoint  an  Ad- 
visory Council  to  assist  him  in  matters  of  Finance,  had  already 
accomplished  the  purpose  which  the  Ordinance  just  cited 
would  achieve.  The  only  practical  effect  of  this  Ordinance 
would  be  that  the  Lieutenant-Governor  and  Advisory  Council, 
vnder  it,  would  receive  the  style  of  "Lieutenant-Governor  in 
Council." 

An  important  change,  however,  was  made  by  the  Ordinance 
r.ow  under  review.  Tlie  })revious  Ordinances,  as  alrendy 
shewn,  were  parallel  to  the  legislation  of  Parliament.  They 
were  unobjectionable,  only  as  being  of  that  character,  but  by 
amending  subsection  0  of  Section  8  of  Chapter  1,  the  Legis- 
lative Assembly  has  made  the  two  lines  of  legislation  diverge, 
and  the  legislation  of  the  Assembly  has  become  inconsistent 
with  that  of  Parliament. 

The  Ordinance  under  review  is  in  the  following  words : 

Sub-section  8  of  Section  8  of  Chapter  1  of  the  Revised  Or- 
dinances of  the  ISTorth-West  Territories  is  amended  by  striking 
out  the  last  seven  words  thereof,  and  substituting  therefor  the 
following  words:  "Two  Members  of  the  Legislative  Assembly, 
to  be  selected,  from  time  to  time,  by  the  Assembly,  and  who  shall 
hold  ciEce  until  their  successors  are  appointed,  and  who,  in  the 
first  instance,  shall  consist  of  the  following  Members  of  the  As- 
sembly, namely,  Thomas  Tweed,  Esquire,  Member  for  the 
Electoral  District  of  Medicine  Hat,  and  John  Ryerson  J^eff, 
Esquire,  Member  for  the  Electoral  District  of  Moosomin." 


1126  CANADIAN  ARCHIVES 

The  effect  of  this  provision  is,  that  on  its  coming  into  force, 
the  "Lieutenant-Governor  in  Council"  mentioned  in  the  Ordin- 
ance of  the  Territories  would  mean,  the  Lieutenant-Governor 
"acting  by  and  with  the  advice  of,  or  by  and  with  the  advice 
and  consent  of,  or  in  conjunction  with  Messrs.  Twekd  and 
Keff,  or  such  other  two  Members  of  the  Legislative  iVssembly 
as  may  be  selected  from  time  to  time  by  the  Assembly.  'J'o 
the  Lieutenant-Governor  and  Messrs.  Tweed  and  Neff^  or  to 
the  Lieutenant-Governor  and  two  Members  of  the  Legislative 
Assembly  to  be  selected  by  the  Assembly  is  given  by  the  oper- 
ation of  Chapter  3,  above  cited,  the  control  and  expenditure 
of  all  Territorial  Eevenues  which  may  not  have  l)een  appro- 
])riated  bj'  the  Assembly. 

It  appears  that  there  has  been  no  appropriation  by  the 
Assembly  for  the  current  year.  Therefore  (if  the  Ordinance 
now  under  review  is  to  have  effect),  the  administration  of  all 
the  Territorial  Revenues,  for  the  current  year  at  least,  is  given 
tc  the  Lieutenant-Governor  "acting  by  and  with  the  advice  of, 
or  by  and  with  the  advice  and  consent  of,  or  in  conjunction 
with,"  Messrs.  Tweed  and  jSTeff. 

In  all  those  important  matters  of  Finance,  therefore,  which 
relate  to  the  administration  of  the  Territorial  Eevenues  dur- 
ing the  present  year,  or  any  other  in  which  there  may  be  no 
appropriation,  or  no  complete  ap])ropriation.  by  the  Assembly, 
the  Lieutenant-Governor  is  required  to  have  the  advice  and  con- 
sent of  two  Members  of  the  Assembly  selected  by  the  Assembly. 

The  points  in  which  the  Ordinance  is  inconsistent  with  the 
Statute  of  Canada  above  referred  to  are  the  following: 

The  Ordinance  requires  the  Advisory  Council  to  be  appoint- 
ed by  the  Assembly,  the  Statute  vests  the  appointment  in  the 
Lieutenant-Governor,  The  Ordinance  requires  the  Council 
to  consist  of  two  Members;  the  Statute  requires  four.  .The 
Ordinance  requires  the  consent  of  both  members  of  the  Council 
to  every  act  of  the  Lieutenant-Governor;  the  Statute  implies 
that  the  Lieutenant-Governor  may  act  on  the  advice  of  a  ma- 
jority, because  it  gives  him  a  vote  in  the  Council,  and  the  cast- 
ing vote  also  in  case  of  a  tie.  The  tenure  of  office  prescribed 
by  the  Ordinance  is  the  pleasure  of  the  Assembly,  while  that 
prescribed  by  the  Statute  is  the  pleasure  of  the  Lieutenant- 
Governor. 

It  is  obvious,  therefore,  that  the  Ordinance  is  not  such  as 
the  Assembly  is  empowered  to  make,  in  view  of  the  provisions 
contained  in  Section  13  of  "The  ITorth-West  Territories  Act," 


PIONEER   LEGISLATION  1127 

Chapter  50  of  the  Revised  Statutes,  which  provides  that 
'^no  such  Ordinance  shall  be  so  made  which  is  inconsistent  with, 
or  alters  or  repeals  any  provision  of  any  Act  of  the  Parlia- 
ment, of  Canada,  in  force  in  the  Territories." 

It  is  equally  obvious  that  two  Advisory  Boards,  one  con- 
stituted under  the  Statute  of  1888,  and  another  under  the 
Ordinance,  cannot  be  established.  The  Statute  requires  the 
Lieutenant-Governor  to  act  with  the  Advisory  Board  established 
under  the  authority  of  Parliament,  and  the  Ordinance  requires 
him  to  act  only  on  the  advice  of  the  two  gentlemen  appointed 
by  the  Assembly. 

The  undersigned  has,  therefore,  the  duty  of  advising  Your 
Excellency  that  the  Ordinance  in  question  is  inconsistent  with 
the  provisions  of  "  The  North-West  Territories  Act,"  and  its 
amendment  of  1888,  and  he  therefore  recommends  that  this 
Ordinance,  "  ISTo.  24  of  1889,"  assented  to  on  the  22nd  of  ISTov- 
ember  last,  be  disallowed,  and  that  the  disallowance  thereof 
be  signified  by  the  Secretary  of  State  to  the  Lieutenant-Gov- 
ernor of  the  l^orth-West  Territories, 

(Signed)     JNO.  S.  D.  THOMPSON, 

Minister  of  Justice. 


IJf..  Extract  from  Address  in  reply   to   Lieutenant-Governor 
Royal  Nov.  9,  1890. 

The  Assembly  regrets  that  Your  Honor  has  not  seen  fit  to 
allude  to  the  circumstances  which  have  led  to  Your  Honor's 
^election  and  retention  in  office  of  an  Advisory  Council  not  in 
accord  with,  nor  possessing  the  confidence  of,  the  majority  of 
this  Assembly.  It  appears  to  us  to  be  necessary  to  the  good 
government  of  the  country,  that  the  measure  of  control,  if  any, 
possessed  by  the  Legislature  over  the  acts  of  the  Executive 
should  be  clearly  defined.  Having  been  left  without  the  guid- 
ance of  Your  Honor  in  this  matter,  the  Assembly  can  do  no 
less  than  assume  its  rights  to  be  such  as  the  North-West  Terri- 
tories Acts  and  constitutional  usage  having  the  force  of  law 
appear  to  give.  They  are  therefore  compelled  to  believe  in  the 
right  of  the  majority  not  only  to  pass  legislation,  but  to  advise 
and  control  in  the  matter  of  its  being  given  effect — that  the 
North-West  Territories  Acts,  interpreted  in  the  light  of  con- 


1128  CANADIAN    ARCHIVES 

stitutional  usage,  provide  for  control  of  the  executive  by  an 
Advisory  Council  having  the  confidence  of  a  majority  of  the 
House ;  that  the  assumption  of  such  control  by  any  Members  of 
■this  House  not  possessing  its  confidence  is  a  violation  of  the 
spirit  and  intent  of  the  North-West  Territories^  Acts,  and  an 
infringement  upon  the  rights  of  the  House  against  which  it 
feels  compelled  to  enter  its  most  solemn  protest,  and  to  take 
such  measures  to  protect  itself  as  best  it  may. 

The  disregard  for  and  violation  of  all  constitutional  rules, 
the  infringement  upon  the  rights  and  privileges  of  the  House 
and  usurpation  of  its  prerogatives  by  its  Members  composing 
the  Advisory  Council,  in  our  opinion,  renders  those  Members 
unworthy  of  taking  any  part  in  the  business  of  the  Assembly. 
As  the  only  means  in  our  power  of  vindicating  in  our  case  the 
common  rights  of  majorities  in  representative  Assemblies,  if 
is  our  duty  to  refuse  all  legislation  and  motions  ofiPered  by  these 
Members. 

To  further  mark  its  disapproval  of  the  course  of  the  Advi- 
sory Council  in  ignoring  its  rights,  the  House  has  seen  fit  not  to 
allow  the  several  members  of  the  Council  to  serve  on  any  of  its 
Standing  Committees  as  long  as  they  maintain  their  present 
attitude  of  defiance. 

It  is  provided  by  the  Act  creating  this  Assembly  that  no 
motion  regarding  Finance  may  be  adopted  by  the  House  except 
it  first  be  recommended  by  message  from  Your  Honor.  This 
provision  places  the  power  of  initiating  financial  legislation 
solely  in  the  hands  of  Your  Honor's  Advisers,  while  the  power 
to  pass  such  legislation  as  unquestionably  rests  with  the  majority 
of  the  House.  If  your  Advisers,  in  the  present  case,  possessed 
the  confidence  of  the  House,  their  right  to  initiate  financial 
legislation  would  be  unquestioned.  But  not  possessing  that 
confidence,  their  right  to  initiate  such  legislation  is  denied. 
The  House  feels  that  it  would  be  doing  less  than  its  duty  if  it 
did  not  insist  on  its  unquestionable  right  in  this  matter ;  and  as 
long  as  Your  Honor  chooses  to  refuse  the  advice  of  the  majority 
of  its  Members  on  questions  of  finance,  so  long  will  Your 
Honor's  Advisers  be  refused  leave  to  introduce  motions  on  ques- 
tions of  finance  in  the  House.  It  must  be  apparent  to  Your 
Honor  that,  as  a  matter  of  expediency  merely,  it  is  altogether 
undesirable  from  the  point  of  view  of  the  public  interest  that 
financial  legislation  should  be  introduced  by  a  minority  who 
have  not  the  control  of  the  House — that  is,  of  the  majority — 


PIONEER    LEGISLATION  1129 

necessary  to  give  it  effect.  It  must  be  apparent  that  the  intro- 
duction of  such  legislation  under  such  circumstances  could  only 
lead  to  unnecessary  and  undesirable  disputes  and  delays.  If 
Your  Honor's  Advisers  were  permitted  to  introduce  financial 
motions  at  their  pleasure — while  they  have  not  the  power  to 
carry  them — create  debates  upon  them,  and  introduce  amend- 
ments which  would  create  further  debates,  a  weapon  of  obstruc- 
tion would  be  placed  in  their  hands  which  the  House  has  reason 
to  believe  would  be  used  to  delay  the  public  business  and  with- 
out regard  to  the  welfare  of  the  people  of  these  Territories.  As 
the  only  possible  effectual  means  of  protecting  itself  in  this 
regard,  the  House  claims  its  right  to  refuse  leave  to  the  several 
members  of  Your  Honor's  present  Advisory  Council  to  intro- 
duce any  motion  in  this  House. 

At  the  same  time  it  will  be  the  care  of  the  majority  to  see 
that  no  beneficial  legislation  fails  to  be  introduced  or  passed 
merely  because  these  Members  cannot  be  allowed  to  introduce  it. 

It  must  be  clear  to  Your  Honor  that  this  Assembly  can  legis- 
late on  but  few  of  the  subjects  upon  which  it  is  expressly  au- 
thorized by  Dominion  Order-in-Council  without  the  question  of 
finance  being  involved.  This  is  particularly  the  case  in  regard 
to  Schools.  If  the  funds  upon  which  the  successful  working 
of  this  most  important  Ordinance  depends  are  entirely  beyond 
our  control,  it  would  in  our  opinion  be  better  to  place  the  power 
to  legislate  regarding  North- West  Schools  in  the  hands  of  those' 
who  do  control  the  necessary  funds,  whether  they  be  Your  Honor 
alone,  or  Your  Honor  with  your  Advisers,  or  the  Parliament  of 
Canada.  This  Assembly  must  protest  against  its  being  placed 
in  the  position  of  being  responsible  to  the  people  of  the  N"orth- 
West  Territories  for  proper  legislation  regarding  Schools,  and 
yet  be  deprived  of  the  control  of  the  funds  whereby  alone  that 
legislation  can  be  given  effect — whereby  alone  the  School  system 
at  present  existing  in  the  Worth-West  Territories  can  be  main- 
tained. At  the  Session  of  1888,  the  Assembly,  believing  that 
it  possessed  control  of  the  grant  in  aid  of  Schools,  provided  that 
a  certain  proportion  of  aid  from  that  grant  should  be  extended 
to  them.  On  the  strength  of  the  inducement  thus  held  out, 
many  new  districts  were  organized,  taxation  was  levied  and 
liabilities  were  incurred  for  the  erection  of  school  houses  whose 
usefulness  depended  on  the  continuance  of  the  proportion  of  the 
aid  promised  in  the  Ordinance  of  the  Assembly.  During  the 
Session  of  1889  the  promise  of  aid  remained  without  any  in- 


1130  CANADIAN  ARCHIVES 

timation  from  Your  Honor  that  it  would  not  be  made  good,  and 
a  still  further  increase  in  the  number  of  School  Districts-  took 
place.  In  the  present  year,  after  the  annual  taxation  rate  had 
been  struck  on  the  basis  of  the  grant  promised  by  the  North- 
West  Assembly,  a  circular,  authorized  by  the  Government  of 
the  ITorth-West  Territories,  was  received  by  the  several  School 
Districts  warning  them  of  a  proposed  reduction  to  be  made  in 
the  amount  of  their  grant. 

This  House  is  compelled  to  inform  Your  Honor  that  if  it 
i«  to  understand  that  the  control  of  tlie  School  funds  rests 
with  Your  Honor  and  not  with  this  Assembly,  as  would  appear 
from  the  circular  referred  to  it  will  be  necessary  for  us  to 
amend  the  present  Ordinance  by  striking  out  the  provisions 
relating  to  aid  to  Schools  and  thereby  make  known  that  upon 
Your  Honor  rests  the  responsibility  of  the  distribution  of  the 
said  fund  and  the  support  of  the  School  system  of  the  l^orth- 
West  Territories. 

The  House  very  deeply  regrets  the  extraordinary  circum- 
-tanees  which  compel  it  to  take  this  stand  in  defence  of  its  rights 
and  dignity,  and  the  rights  and  dignity  of  those  whom  it  repre- 
sents, but  feels  compelled  to  inform  Your  Honor  thus  clearly 
as  to  what  its  position  is  and  as  to  the  course  which  it  intends  to 
pursue,  believing  that  as  Your  Honor's  Advisers  do  not  repre- 
sent the  majority  of  this  House,  they  cannot  properly  represent 
to  Your  Honor  the  position  which  the  House  has  taken,  its  rea- 
sons for  taking  that  position,  and  its  intention  to  maintain  it. 

15.  Extract  from  Address  in  reply   to  Lieutenant-Governor 
Royal  Nov.  IJ^  1890. 

We  take  the  liberty  of  pointing  out  to  your  Honor  that 
this  difference  of  opinion  was  not  as  to  the  right  of  your 
Advisory  Council  to  control  these  funds,  as  might  be  inferred 
from  your  Honor's  Message,  but  as  to  the  right  of  control 
possessed  by  the  House  over  them,  and  incidentally  over  the 
Advisory  Council  as  well. 

The  reasons  upon  which  the  House  bases  the  assertion  of 
its  right  to  control  the  moneys  voted  from  year  to  year  by  the 
Parliament  of  Canada  for  expenses  of  Government  in  the 
ISTorth-West  are  as  follows: — 

1.  They  are  in  general  terms  appropriated  for  the  purposes 
of  the  local  Government,  which   Government  we -understand 


PIONEER    LEGISLATION  1131 

the  ISTorth-West  Act  to  declare  must  be  carried  on  by  and  with 
the  advice  and  consent  of  this  Assembly. 

(&)  In  particular,  thej  are  apportioned  to  purposes  which 
are  controlled  by,  or  dependent  upon,  the  action  of  this  House, 
that  is  to  say:  To  give  effect  to  our  education  laws;  to  pay 
for  the  printing  which  our  proceedings  render  necessary;  to 
pay  for  public  improvements  upon  which  we,  as  representa- 
tives of  the  people,  are  best  fitted  to  advise,  and  as  a  matter  of 
necessity  do  advise;  to  pay  salaries  of  clerks  and  officials  to 
meet  the  general  expenses  necessarily  incurred  in  carrying  on 
the  Territorial  Government — by  and  with  our  advice  and  con- 
sent— as  the  Act  provides. 

2.  If  there  is  a  doubt  as  to  the  availability  of  funds  for 
any  desired  purpose  of  legislation,  that  legislation  is  likely  to 
remain  imenacted,  to  the  nublic  inconvenience  and  loss,  and 
if  there  is  a  hope  of  financial  aid  which  is  not  realized  when 
desired  legislation  is  enacted,  loss  and  inconvenience  to  the 
public  again  results,  as  well  as  discredit  to  this  Assembly  and 
its  several  Members.  It  therefore  appears  to  us  that  if  our 
legislation  is  to  be  of  full  benefit  to  the  people  of  the  Terri- 
tories, we  must  be  made  aware  from  year  to  year  of  the  amount 
of  funds  which  can  be  depended  upon  to  give  effect  to  that 
legislation,  and  we  can  only  properly  become  aware  by  the 
exercise  of  concurrent,  if  not  absolute,  control. 

The  Assembly  further  claims  the  right  of  the  control  of 
these  funds  on  the  ground  that  they  must  be  considered  as  of 
the  same  nature  as  the  subsidies  received  from  the  Federal 
Treasury  by  the  several  Provinces— that  is,  as  a  return,  for 
the  support  of  the  local  Government,  on  taxes  paid  by  the 
people  to  the  Federal  Treasury — and  therefore  quite  as  much 
the  property  of  the  people  of  the  I^orth-West  Territories,  and 
quite  as  properly  at  the  sole  disposal  of  the  local  Government, 
as  that  part  of  the  local  revenues  derived  directly  from  the 
people  by  means  of  enactments  of  this  Assembly. 

We  desire  to  point  out  that  the  fact  of  these  funds  not 
bein^  raised  under  the  authority  of  the  North-West  Govern- 
ment does  not  prevent  them  from  properly  being  placed  under 
the  control  of  Your  Honor,  by  and  with  the  advice  and  consent 
of  this  Assembly ;  for  the  revenues  derived  from  the  issue  of 
liquor  permits  and  beer  licenses  under  authority  of  Your  Honor 
as  Administrator  of  the  ISTorth-West  Government  under  instruc- 
tions from  Ottawa — which  permits  and  licenses  are  in  no  way 
imder  the  control  of  this  Assembly,  or  issued  on  its  responsi- 


1132  CAXADIAA'  ARCHIVES 

bility — are  still  held  to  be  subject  to  account  to  and  appropria- 
tion by  this  House. 

To  sum  up :  The  Assembly  bases  its  claim  to  control-:  1st, 
On  the  intent  expressed  in  plain  terms  by  the  title  of  the  vote 
m  Parliament ;  2nd,  On  the  necessities  of  the  case,  as  it  affects 
the  people  of  these  Territories  through  the  legislation  of.  this 
Assembly ;  and  3rd,  on  the  absolute  right  of  the  people  of  the 
North-West  Territories — according  to  the  scheme  of  Confedera- 
tion— to  the  full  control  of  their  own  funds. 

The  Assembly  must  point  out  that  at  its  first  Session  Your 
Honor  used  such  expressions  and  took  such  action  as  led  us  to 
believe  that  your  views  at  that  date  fully  agreed  with  those 
we  now  hold  on  this  question.  In  Your  Honor's  Speech  at  the 
opening  of  the  first  Session  on  Oct.  31st,  1888,  You  were 
graciously  pleased  to  say : 

''  It  aifords  me  much  pleasure  in  opening  the  First  Session 
of  the  Legislative  Assembly  of  the  ]SJ"orth-West  Territories,  to 
be  able  to  congratulate  you  upon  the  general  prosperity  of  the 
country,  and  the  completeness  of  its  representation  in  our  Legis- 
lature, which  I  regard  as  the  preceding  step  to  Provincial 
organization.  In  the  proa'ressive  evolution  of  our  present  con- 
stitution towards  thoroughly  representative  Government,  you 
will  find  that  I  am  in  full  accord  with  your  legitimate  aspira- 
tions." 

In  proof  of  what  Your  Honour  then  considered  our  "  legi- 
timate aspirations,"  on  December  11th,  1888,  the  leader  of 
Your  Honor's  then  Advisory  Council,  selected  at  the  beginning 
of  the  Session,  introduced  the  following  Ordinance: 


"E'o.  8  OF  1888. 

'''  An  Ordinance  for  Granting  to  Her  Majesty  Certain  Sums  of 
"  Money  to  Defray  the  Expenses  of  the  Public  Service  of 
"  the  Territories  for  the  Financial  Year  Ending  30th 
"  June,  1889,  and  for  Other  Purposes  Relating  Thereto. 

I"  Assented  to  December  11th,  1888.'\ 

"  Most  Gkacious  Sovereign  : 

^  A^Tiereas,  it  appears  by  Message  from  His  Honor  Joseph 
Eoyal,  the  Lieutenant-Governor  of  the  ISTorth-West  Terri- 
tories, and  the  Estimates  accompanying  the  same,  that  the 


PIONEER    LEGISLATION^  1133 

sums  hereinafter  mentioned  in  the  Schedule  to  this  Ordin- 
ance are  required  to  defray  certain  expenses  of  the  public 
service  of  the  Territories^  and  for  other  purposes  relating 
thereto,  for  the  financial  year  ending  30th  June,  one  thou- 
sand eight  hundred  and  eighty-nine :  May  it  therefore  please 
Your  Majesty  that  it  may  l>e  enacted,  and  it  is  hereby 
enacted  by  the  Lieutenant-Governor,  by  and  with  the  advice 
and  consent  of  the  Legislative  Assembly  of  the  Territories 
as  follows : — 

"  (1)  From  and  out  of  the  fund  at  the  disposal  of  the 
IsTorth-West  Government,  there  shall  and  may  be  paid  and 
applied  a  sum  (not  exceeding  in  the  whole)  One  hundred 
and  five  thousand  four  hundred  and  eighty-four  dollars  and 
ninety  cents,  for  defraying  the  several  charges  and  expenses 
of  the  public  service  of  the  Territories  for  the  financial  year 
ending  30th  June,  one  thousand  eight  hundred  and  eighty- 
nine  as  set  forth  in  the  Schedule  to  this  Ordinance. 

"  (2)  The  due  application  of  all  moneys  expended 
under  this  Ordinance  shall  be  accounted  for  to  Tier 
Majesty." 

In  the  Journals  of  the  House  of  the  same  date  appears  the 
following : 

"  The  Royal  Assent  to  this  Bill  (No.  8  of  1888)  was  an- 
nounced by  the  Clerk  of  the  Legislative  Assembly  in  the  follow- 
ing words:  His  Honor  the  Lieutenant  Governor  doth  thank 
Her  Majesty's  dutiful  and  loyal  subjects,  accepts  their  bene- 
volence, and  assents  to  this  Bill  in  Her  Majesty's  name." 

-  It  may  be  mentioned  that  the  sums  provided  in  the  above 
mentioned  Ordinance  including  funds  derived  from  Territorial, 
Administrative  and  Federal  sources,  but  only  included  that 
portion  of  such  funds  not  expended  under  authority  of  your 
Honor  while  acting  as  Administrator  of  the  ISTorth-West  Gov- 
ernment before  the  Assembly  had  been  called  to  your  assistance. 
Thereby  making  clear  that  while  the  Assembly  assumed  full 
responsibility,  with  Your  Honor's  fonual  and  full  consent  for 
all  funds  on  hand  at  the  time,  it  assumed  and  was  accorded  no 
responsibility  regarding  funds  which  were  not  to  be  adminis- 
tered by  and  with  its  advice  and  consent. 

The  Assembly  was  not  made  aware  of  any  change  in  Your 
Honor's  views    on    this    question    until  ISTov.  5th,  1889,  above 


1134  CANADIAX    ARCHIVES 

alluded  to.  On  that  occasion  Your  Honor  did  not  address  the 
Assembly  directly,  nor  cite  Your  Honor's  authority  for  the  very 
important  change  in  the  method  of  control  of  these  funds  which 
Your  Honor  had  evidently  then  determined  to  bring  about. 

The  Assembly  very  deeply  regrets  the  necessity  of  the  several 
steps  which  it  has  since  been  compelled  to  take  to  assert  that 
measure  of  control  which  it  was  once  accorded  but  of  which  it 
is  now  deprived  in  regard  to  this  important  part  of  the  functions 
of  government,  the  control  of  the  larger  proportion  of  the  funds, 
and  also  very  deeply  regrets  that  Your  Honor  did  not  see  fit 
until  the  date  of  Your  Honor's  Message  to  communicate  directly 
with  the  House  on  the  subject. 

It  still  more  deeply  regrets  that  having  received  Your 
Honor's  gracious  Message  it  cannot  find  therein  any  definite 
statement  of  Your  Honor's  authority  for  interposing  Your 
Honor's  power  as  Administrator  of  the  North- West  Government 
between  the  people  of  these  Territories  and  what  appears  to  us 
to  be  a  proper  control  by  them  of  the  moneys  appropriated  by 
the  Parliament  of  Canada  for  the  purposes  of  their  local  gov- 
ernment, which  control  as  stated  by  the  Honorable  Minister  of 
Justice  in  the  passage  from  his  opinion,  quoted  in  Your  Honor's 
Message,  is  not  necessarily  vested  in  Your  Honor,  and  which 
as  we  read  the  passage  indicated,  may  be  included  in  the 
"  matters  of  finance  "  upon  which  your  Advisory  Council  as 
provided  by  Statute  must  advise  Your  Honor. 

Until  such  statement  of  authority  is  laid  before  the  House 
we  are  compelled  to  interpret  the  Law,  both  statutory  and  con- 
stitutional, for  ourselves  and  to  assert  by  every  legitimate 
means  our  right  to  that  measure  of  control  of  the  public  funds 
of  these  Territories  which  was  exercised  by  us  at  the  first 
Session  of  this  Assembly,  and  of  which  we  are  now  deprived 
by  the  action  of  Your  Honor  in  ignoring  the  majority  of  this 
House  without,  so  far  as  we  are  yet  aware,  any  change  in  the 
Law  on  the  subject  having  been  made. 

The  Assembly  begs  to  thank  Your  Honor  for  the  definite 
statement  contained  in  the  eleventh  paragraph  of  Your  Hon- 
or's Message,  that  "  His  Excellency  the  Governor  in  Council 
Las,  for  many  years  past,  assumed  without  question  the  direct 
control  of  the  expenditure  of  the  moneys  annually  voted  by 
the  Parliament  of  Canada  for  School  purposes  in  the  Terri- 
tories." This  announcement  very  distinctly  relieves  the  House 
from  any  responsibility  regarding  School  funds. 


PIONEER    LEGISLATION  1135 

The  Assembly  is  also  glad  to  be  informed  that  "  by  Order 
in  Council  of  the  18th  July,  1890,  they  (the  School  funds) 
were  directed  to  be  expended  in  accordance  with  the  Revised 
School  Ordinance." 

And  also  that  Your  Honor  has  reason  to  believe  that  a 
deficiency  in  the  grant  under  the  Ordinance  will  not  occur. 

This  information  relieves  the  Assembly  from  the  necessity 
of  taking  any  measures  at  the  present  time  in  regard  to  the 
Sections  of  the  Ordinance  providing  for  aid  to  Schools. 

But,  in  view  of  possible  future  contingencies,  the  Assembly 
feels  compelled  to  point  out  the  absolute  necessity  of  the  pros- 
pects of  aid  to  schools  held  out  by  the  Ordinance  being  fulfilled 
to  the  letter — that  to  introduce  the  element  of  uncertainty  as 
to  the  payment  of  grants  would  be  to  imperil  the  educational 
interests  of  the  Territories,  where  above  all  countries  in  the 
Avorld  these  interests  are  held  to  be  of  the  highest  importance. 
In  this  matter  above  all  others,  it  appears  to  us  that  the  powers 
of  legislation  and  of  financial  control  should  go  together  and 
should  definitely  rest  either  here  or  at  Ottawa,  whichever  the 
power  holding  the  financial  control — that  is  the  Parliament  of 
Canada — may  please  to  decide. 


16.  Speech  from  the  Throne  hy  Lieutenant-Governor  Royal, 

Nov    29,  1890. 

Mr.  Speaker  and  Gentlemen  of  the  Legislative  Assembly: 

At  the  close  of  the  present  Session,  which  terminates  the 
Sessions  of  the  First  Legislative  Assembly  of  the  ITorth-West 
Territories,  I  have  pleasure  in  relieving  you  from  further 
attendance  to  your  Legislative  duties,  and  I  congratulate  you 
upon  the  practical  character  of  the  legislation,  to  which  I  have 
just  given  assent  in  the  name  of  Iler  Majesty. 

I  cannot  but  regret  the  unfortunate  difference  of  opinion, 
which  has  arisen  respecting  the  interpretation  to  be  placed 
niion  the  portion  of  our  constitution,  which  relates  to  the 
powers  of  the  Advisory  Council,  and  I  desire  to  again  convey 
to  you  the  assurance  that  while  I  cannot,  for  reasons  already 
communicated  to  you,  accede  to  your  claim  to  control  the 
expenditure  of  the  moneys  voted  by  the  Parliament  of  Canada 
for  the  Government  of  the  liorth-West  Territories,  I  have 
.  always  been  thoroughly  in  accord  with  you  in  your  contention 


1136  CANADIAN    ARCHIVES 

that  you  are  entitled  to  control,  through  an  Advisory  Council 
possessing  your  confidence,  the  expenditure  of  the  Territorial 
Revenues. 

I  also  regret  that,  owing  to  a  majority  of  you  withholding 
your  confidence  from  any  Council  which  does  not  claim  for 
you  the  control  of  the  Dominion  Funds,  I  have  had  to  retain 
the  services  of  a  Council,  whose  views  upon  this  question  arc 
not  those  of  the  majority.  It  is  only  just  that  I  should  here 
pay  to  the  Members  of  the  Advisory  Council  a  tribute  of 
acknowledgment  for  the  constant  and  patriotic  attention  given 
by  them  to  the  various  details  of  the  Territorial  Administra- 
tion under  their  control. 


11.  Letter  from  the  Department  of  the  Interior  to  the  Depart- 
ment of  Justice,  Dec-  7,  1891. 

Department  of  the  Interiok^ 

Ottawa^  7th  December,  1891. 
SiR^ 

It  has  been  brought  to  the  attention  of  the  Minister  of  the 
Interior  that  Section  13  of  the  KoX  51  Vic,  Chap.  19,  relating 
to  the  appointment  of  an  Advisory  Council  to  the  Lieutenant- 
Governor  of  the  ISTorth-West  Territories,  has  not  been  repealed 
and  the  Minister  requests  me  to  ascertain  from  you  whether  or 
not  in  the  opinion  of  the  Minister  of  Justice,  that  Board  has 
ceased  to  exist,  under  the  provision  of  the  Act  of  last  Session, 
amending  the  JSTorth-West  Territories  Act,  and  if  not,  what  is 
the  proper  course  to  be  taken  in  regard  to  the  matter,  seeing 
that  the  expenditure  of  all  Territorial  funds  may  hereafter  be 
dealt  with  by  Ordinance  of  the  Legislative  Assembly. 
I  have  the  honor  to  be, 
Sir, 
Your  Obedient  Servant, 

(Signed)       A.  M.  Burgess. 

R.  Sedgewick,  Esq.,  Q.C., 

Deputy  Minister  of  Justice, 
Ottawa. 


PIONEEK    LEGISLATION  1137 

IS.  LefJer  from  the  Department  of  Justice  to  the  Departm,cnt 
of  the  Interior,  Dec.  1 ,  1891. 

Department  of  Justice^ 

Ottawa^  7th  December,  1891. 
Sir, 

I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
this  date,  pointing  out  that  Sgc.  13  of  Chap.  19,  51  Vic.  relating 
to  the  appointment  of  an  Advisory  Council  to  the  Lieutenant- 
(lovernor  of  the  ISTorthAYest  Territories,  has  not  yet  been  re- 
pealed, and  asking  whether  that  Council  has  ceased  to  exist 
under  the  provisions  of  the  Act  of  last  Session  amending  the 
ISTorth-West  Territories  Act,  and,  if  not,  what  course  shall  be 
pursued  seeing  that  the  expenditure  of  all  territorial  funds  may 
hereafter  be  dealt  with  by  Ordinance  of  the  Legislative 
Assembly. 

In  dealing  with  this  question  it  may  be  well  to  consider 
briefly  the  various  powers  of  legislation  given  to  the  North- 
West  Assembly.  By  Sec.  7  of  the  ISTorth-West  Territories  Act 
of  1875,  as  amended  by  Section  3  of  the  IS'orth-West  Territories 
Act  of  1877,  the  Lieutenant  Governor  in  Council  was  invested 
with  such  power  to  make  Ordinances  for  the  government  of  the 
Territories  as  the  Governor  in  Council  might,  from  time  to 
time,  confer  upon  him.  In  pursuance  of  that  power,  and  on 
the  11th  May,  1877,  an  Order  in  Council  was  passed  giving  the 
Lieutenant  Governor  in  Council  power  to  make  Ordinances  in 
respect  of  the  follo^ving  subjects,  namely: — (1)  the  establish- 
ment and  tenure  of  territorial  officers,  (2)  the  appointment  and 
payment  of  territorial  officers,  (3)  the  establishment  of  muni- 
cipal institutions,  (4)  the  issue  of  licenses  in  order  to  the  rais- 
ing of  a  revenue  for  territorial  or  municipal  purposes,  (7)  the 
imposition  of  punishment  by  fine,  penalty  or  imprisonment,  for 
the  infraction  of  any  territorial  ordinance,  and  (9)  matters  of 
a  merely  local  or  private  nature.  By  a  further  Order  in  Coun- 
cil of  the  7th  July,  1886,  there  was  conferred  on  the  Lieutenant- 
Governor-in-Council  authority  to  make  Ordinances  in  relation 
to  (1)  direct  taxation  within  the  territory  in  order  to  the  rais- 
ing of  a  Revenue  for  Territorial,  including  municipal  purposes. 
Apart  from  the  J^orth-West  Territories  Act  itself,  these  two 
Orders  in  Council  contained  all  the  authority  under  which  the 
Lieutenant-Governor-in-Council,  and  subsequently  the  Legis- 
■  lative    Assembly    enacted    Ordinances    respecting    matters    of 

28159—72 


1138  CANADIAN    AIJCIIIVE.S 

finance  in  the  Territories ;  and  it  was  upon  the  authority  so  con- 
ferred upon  the  Assembly  that  Chap.  3  of  the  Revised  Ordin- 
ances of  the  North-West  Territories,  namely :  "  An  Act  respect- 
ing Kevenue  and  Expenditure  "  was  passed.  By  51  Vic.  Chap. 
19  the  Council  of  the  Territories  was  abolished  and  in  its  stead 
was  substituted,  the  Legislative  Assembly,  Sec.  13  providing  as 
follows : — 

''  The  Lieutenant-Governor  shall  select  from  among  the 
''  elected  members  of  the  Legislative  Assembly  four  persons  to 
"  act  as  an  Advisory  Council  on  matters  of  finance,  who  shall 
"  severally  hold  office  during  pleasure." 

Then,  finally,  was  passed  the  Act  of  last  Session  giving  tlie 
Legislative  Assembly  power  to  make  Ordinances  in  relation  to 
(12)  "  the  expenditure  of  Territorial  funds  and  such  portions 
"  of  any  moneys  appropriated  by  Parliament  for  the  Terri- 
"  tories  as  the  Lieutenant- Governor  is  authorized  to  expend  by 
"  and  with  the  advice  of  the  Legislative  Assembly  or  of  any 
"  Committee  thereof." 

Under  the  authority  of  Sec.  13  of  the  Act  of  1887,  Adwsory 
Councils  have,  from  time  to  time,  been  appointed  and  were  in 
existence,  at  all  events,  until  the  dissolution  of  the  late  Assem- 
bly. The  question  now  to  be  considered  is,  whether  the  Advisory 
Council  has  been  abolished,  and  if  not,  what  po\vers  does  it 
possess  at  the  present  time  and  what  powers  may  it  possess  as 
soon  as  Ordinances  are  passed  under  the  A.ct  of  last  Session  (as 
will  doubtless  be  passed)  giving  the  Assembly  absolute  powers 
of  Legislation  in  respect  to  all  Territorial  funds  and  to  Federal 
funds  set  apart  to  be  dealt  with  by  the  Territorial  Ordinance. 

In  dealing  with  these  questions,  reference  must  also  be  had 
to  existing  Territorial  legislation  relating  to  the  Advisory  Coun- 
cil created  by  the  Act  of  1"887-  By  the  Literpretation  Ordin- 
ance, (Chap.  1,  Revised  Ordinances)  Sub-clause  6  of  Clause  8, 
it  is  provided  as  follows  : — - 

"  The  expression  '  The  Lieutenant-Governor-in-Council ' 
"  means  the  Lieutenant-Governor  or  person  administering  the 
"  Government  of  the  Territories  for  the  time  being,  acting  by 
"  and  with  the  advice  of,  or  by  and  with  the  advice  and  consent 
''  of,  or  in  conjunction  with  the  Advisory  Council  of  the  said 
"  Territories." 


PIONEER    LEGISLATION  113U 

By  several  other  Ordinances  the  Lieutenant-Governor  can 
act  in  certain  matters  only  by  and  with  the  advice  of  the 
Advisory  Council,  as,  for  instance,  by  Ordinance  2  the  Lieut- 
enant-Governor-in-Conncil  appoints  the  Queen's  Printer  and 
regulates  the  publication  of  the  North-West  Territories  Gazette, 
by  Ordinance  -3,  which  creates  the  General  Eevenue  Fund 
(composed  of  all  Territorial  revenues)  the  Lieutenant-Governor- 
,in-Council  is  charged  with  thg  management  of  its  expenditure 
under  the  different  Ordinances.  (See  also  the  powers  given  to 
the  Governor-in-Council  under  the  Ordinance  respecting  the 
Security  to  be  given  by  public  officers,  the  Statute  Labor  and 
Fire  Ordinance,  the  Herd  Ordinance,  the  Brand  Ordinance,  the 
Prairie  and  Forest  Fires  Ordinance,  etc.)  It  may  be  here  men- 
tioned that  the  term  "  Council  "  used  in  all  these  Ordinances, 
as  well  as  the  term  "  Advisory  Council  "  used  in  the  Interpre- 
tation Ordinance, 'has  reference  solely  to  the  Advisory  Council 
appointed  under  the  authority  of  the  Dominion  Act  of  1887. 
I  am  permitted  to  say  before  the  Act  of  last  session  dealing  witli 
the  jSTorth-West  Territories  was  introduced  into  Parliament, 
careful  consideration  was  given  to  the  question  of  whether  the 
abolition  of  the  Advisory  Council  was  in  the  public  interest, 
particularly  in  view  of  the  policy  which  the  Goverament  had 
adopted  of  materially  extending  the  powers  of  the  North-West 
Assembly  in  dealing  with  financial  affairs,  and  the  Government 
arrived  at  the  conclusion  that  such  abolition  Avould  be  practi- 
cally effected  as  soon  as  the  Territorial  legislation  with  regard 
to  such  affairs  was  completed.  The  simple  repeal  of  Sec.  13 
of  the  Act  of  1887,  resulting  in  the  immediate  abolition  of  the 
Advisory  Council  would,  perhaps,  have  led  to  confusion,  in 
view  of  the  Ordinances  imposing  certain  duties  on  the  Lieuten- 
ant-Governor acting  by  the  advice  of  the  Advisory  Council,  and 
in  view  of  the  fact  that  some  time  must  elapse  before  the  elec- 
tion of  the  new  Assembly  and  the  enactment  by  it  of  Ordi- 
nances l\y  which  a  new  method  of  managing  the  finances  of  the 
Territories  would  be  established.  The  result  of  there  being  no 
express  repeal  of  Sec.  13  is  that  the  Act  of  last  session,  giving 
as  it  does  to  the  Assembly  the  exclusive  power  of  dealing  with 
questions  of  Territorial  finance,  gives  to  that  Assembly,  by  im- 
plication, the  power  of  practically  repealing  Section  13  of  the 
Act  of  1887  creating  the  Advisory  Council.  The  Assembly 
may  (subject,  of  course,  to  the  power  of  disallowance  vested 
in  the  Governor  in  Council,)  pass  any  legislation  it  pleases  as 

28159— 72i 


J  140  CANADIAN    ARCHIVES 

to  the  administration  of  the  funds  in  question,  authorizing  the 
expenditure  of  public  moneys  either  with  or  without  the  advice 
of  an  Advisory  Council  or  through  a  finance  committee,  -or  any 
other  functionaries  whom  it  may  choose  to  appoint,  or  by  its 
own  express  vote. 

I  am  further  to  state,  in  reference  to  the  status  of  the  pre- 
sent Advisory  Council  that  the  personnel  of  such  Council  is  not 
necessarily  affected  by  the  dissolution  of  the  Assembly  or  even 
by  the  defeat  at  the  polls  of  any  of  its  members.  The  Members 
of  that  Council  hold  office  during  pleasure,  until  their  successors 
are  appointed. 

It  would  doubtless,  under  ordinary  circumstances  and  prin- 
ciples of  constitutional  law,  be  the  duty  of  the  Lieutenant- 
Governor  to  see  that  the  Members  of  his  Council  were,  or  were 
likely  to  be  elected  members  of  the  Assembly,  and  with  that 
view  to  exercise  his  pleasure  by  making  any  removals  or  new 
appointments  which  might  be  necessary  to  keep  the  Council 
within  the  Assembly,  but  it  seems  very  doubtful  whether,  under 
the  circumstances  above  detailed,  and  especially  in  view  of  the 
new  powers  with  regard  to  finance  which  have  been  conferred 
on  the  Assembly,  the  Lieutenant-Governor  should  appoint  a 
new  Advisory  Council  considering  that  the  Assembly  may  by 
legislation  at  the  approaching  session  make  other  arrangements 
which  will  dispense  with  the  authority  and  functions  of  such  a 
body.  On  this  question  perhaps,  I  am  not  called  to  express  an 
opinion. 

I  have  the  honour  to  be,   • 
Sir, 
Your  obedient  Servant, 
(Signed)  Robt.  Sedgewick^ 

Deputy  Minister  of  Justice. 

A.  M.  Burgess,  Esq., 

Deputy  Minister  of  the  Interior, 
Ottawa. 

19.  Statement  on  behalf  of  the  Executive  Committee  hy  Mr. 
Hanltam,  Aug.  23,  1802. 

Mr.  Campbell  asked  the  Executive  Committee  the  follow- 
ing Questions :— - 

1.  What  action,  if  any,  ha?  been  taken  in  respect  of  the 
Resolution  passed  at  the  last  Session  of  this  Assembly,  with 


PIONEEE    LEGISLATION  1141 

reference  to  the  annual  appropriation  made  by  the  Parli?.- 

ment  of  Canada  for  tlie  Government  of  the  Territories  i 

2-  What  has  been  the  result,  if  any,  in  regard  to  that  Reso- 
lution ? 

Mr.  Haultain,  on  behalf  of  the  Committee,  replied  as  fol- 
lows : — 

The  Memorial  passed  by  .the  Legislative  Assembly  at  the 
Session  of  1891-92  with  reference  to  the  annual  appropriation 
made  by  the  Parliament  of  Canada  for  the  Government  of  the 
Territories  and  the  deficit  in  amount  required  for  Schools  was 
duly  forwarded  to  the  Prime  Minister  of  Canada  and  the  Hon- 
orable the  Ministers  of  Finance  and  the  Interior. 

The  Executive  Committee  on  the  29th  February  sent 
further  Memorials  to  the  Governor-General-in-Council  with 
regard  to  these  two  subjects  copies  of  these  Memorials  are  here- 
to attached. 

In  consequence  of  these  Memorials  in  the  beginning  of 
March,  '92,  Mr.  Haultain,  a  Member  of  the  Committee,  was 
requested  by  the  Government  of  Canada  to  go  to  Ottawa  and 
confer  with  the  Government  with  regard  to  the  financial  claims 
of  the  Territories. 

On  Mr.  Haultain's  arrival  in  Ottawa  a  Sub-Committee  of 
the  Privy  Council,  consisting  of  the  Ministers  of  Finance  and 
the  Interior,  was  appointed  to  confer  with  him  on  the  subject- 
matter  of  the  Assembly  and  Executive  Committee  Memorials. 
As  a  result  of  several  conferences,  the  Sub-committee  reported 
in  favour  of  granting  an  amount  by  way  of  subsidy,  to  the  Ter- 
ritories, of  $250,000,  in  addition  to  provision  by  separate 
Votes  for  those  special  services  administered  by  the  Depart- 
ments of  Justice  and  the  Interior,  as  well  as  for  the  Office  of 
the  Lieutenant-Governor  and  the  statutory  expenditure  under 
the  jSTorth-West  Territories  Act,  making  in  all,  a  total  Vote  for 
the  Territories  of  over  $300,000,  or  within  about  $50,000  of 
the  subsidy  claimed  by  the  Assembly^ 

The  Report  of  the  Sub-committee  was  not  adopted  by  Coun- 
cil, and  Mr.  Haultain  was  requested  to  make  an  alternative 
proposition  to  the  Assembly  Memorial  already  under  considera- 
tion. He,  however,  did  not  feel  at  liberty  to  make  any  pro- 
position not  based  on  the  Memorials  above  mentioned,  but 
requested  to  be  heard  by  Council  before  a  final  decision  on  the 
Sub-committee  Report  was  arrived  at.  The  Privy  Council 
added  the  First  Minister  and  the  Minister  of  Justice  to  the 
Sub-committee,  and  further  conference  was  held  with  the  Sub- 
committee thus  enlarged.     The  Privy  Council  decided  finally 


1142  CANADIAN  ARCHIVES 

not  to  accept  the  Eeport  of  the  Sub-committee  in  favor  of  a 
subsidy,  on  the  ground  that  it  was  not  desirable  to  give  the 
Territories  a  Provincial  status  by  granting  a  subsidy,  and~again 
asked  Mr.  Haultain  for  an  alternative  proposition. 

Mr.  Haultain  then  suggested  that,  instead  of  an  itemized 
Vote  for  the  Territories,  Parliament  should  vote  a  lump  sum 
for  expenses  of  Government  in  the  North-West  Territories, 
to  be  transferred  under  Order  in  Council  similar  in  provisions 
to  that  of  8th  December,  1891. 

The  Sub-committee  considered  this  latter  proposition 
favorably,  and  the  result  is  shown  by  the  Order  in  Council 
of  the  25th  July,  1892,  sent  down  by  ]\Iessage  of  His  Honor 
to  this  House  on  the  13th  day  of  August  instant,  and  which 
will  appear  in  the  Journals  of  this  House  of  that  date. 

By  this  Order  in  Council  a  bulk  sum  of  $193,200  is  placed 
under  the  control  of  the  Asssembly,  the  expenditure  of  wliieli 
involves  the  control  of  the  following  services : — ■ 

Schools,  Light  and  Fuel,  Legislative  Hall,  Elections, 
Travelling  expenses.  Roads  and  Bridges,  Clerical  Assistance, 
Contingencies,  Printing  and  Advertising,  ISTewspapers,  Well- 
boring  Machines,  Caretakers  and  ^Messengers,  Stationorv,  Tele- 
grams, etc.,  and  Advertising  Sittings  of  Court. 

The  other  subject  dealt  with  in  the  Memorials  of  the  House 
and  Executive  Committee  was  the  deficit  in  School  money. 

The  Memorials  of  the  Assembly  and  Committee  were  the 
basis  of  Mr.  Haultain's  recommendations  to  the  Government. 

After  submitting  the  whole  matter  to  the  Minister  of  the 
Interior,  he  recommended  a  supplementary  Vote  for  the  amount 
requested,  and  subsequently  Parliament  voted  the  sum  of 
$26,700,  as  a  supplementary  Vote  for  Schools  in  the  Terri- 
tories, being  slightly  more  than  the  amount  claimed. 

It  will  be  seen  that  the  lump  Vote  transferred  by  Order  in 
Council  of  the  25th  July,  1892,  includes  the  item  for  light  and 
fuel  for  the  Legislative  Hall,  and  all  items  asked  for  in  the 
Executive  Committee  Memorial  except  that  for  Legal  Adviser. 

The  total  amount  of  the  item  transferred  by  the  Order  in 
Council  of  the  8th  December,  1891,  was  $142,660.58.  The 
total  amount  transferred  by  the  Order  in  Council  of  the  25tli 
July,  1892,  available  for  the  current  year,  is  $193,200,  or  an 
increase  of  over  $50,000. 

The  new  services  placed  under  the  control  of  the  Assembly 
are  "  Clerical  Assistance,"  "  Light  and  Fuel,"  "  Caretakers 
and  Messeno'ers  "  and  "  Contingencies." 


PIOxNEEll    LEGISLATIOX  1143 

Last  Session  the  amounts  for  each  service  were  specified 
by  an  itemized  Vote,  l^ow  the  Assembl}'  apportions  the  lump 
Vote  at  its  discretion  and  accordino-  to  the  actnal  necessities 
of  the  Country.  Last  Session  the  amounts  of  the  several 
Votes  had  to  be  expended  upon  the  service  indicated  by  the 
Vote,  or  lapse.  Now  the  whole  amount  of  the  lump  Vote  is 
available  for  any  purpose. 

It  may  be  proper  to  mention,  in  conclusion,  that  all  ex- 
penses in  connection  with  Mr.  Ilaultain's  trip  to  Ottawa  were 
borne  by  the  Federal  authorities. 


Me.mokial  addressed  to  His  Excellency  the  Governor-Gen- 
eral in  Council  by  the  Executive  Committee  of  the  Ter- 
ritories in  reference  to  the  Parliamentary  appropriation 
for  the  Government  of  the  Xorth-West  Territories,  29th 
February,  1892. 


In  view  of  the  large  deficit  in  School  funds  that  the  Com- 
mittee have  to  meet,  it  is  im|>erative  that  representations  should 
be  made  to  the  Federal  Government  with  a  view  to  obtaining 
a  supplementary  vote. 

In  November,  1890,  estimates  of  expenditure  for  Schools 
in  the  Territories  for  the  financial  year  1891-92  were  made 
up  in  the  Lieutenant-Governor's  Office  and  forwarded  to 
Ottawa. 

The  amount  then  asked  for  was  $118,606.51  but  the  sum 
actually  voted  by  Parliament  was  only  $100,000.00. 

At  the  time  this  amount  of  money  was  voted  by  Parliament 
the  Territorial  Ordinance  relating  to  Schools  prescribed  the 
nature  and  amonnt  of  the  grants  made  to  Schools;  and  under 
the  Order  of  the  Governor-General  in  Council  of  18th  July, 
1890,  the  expenditure  of  this  vote  according  to  the  terms  of  the 
Ordinance  was  authorized.  On  22nd  June,  1891,  by  an  Order 
of  the  Governor-General  in  Council  the  former  Order  in  Coim- 
cil  was  cancelled  and  it  was  decided  that  the  Federal  Vote  for 
Schools  should  no  longer  be  expended  in  accordance  with  the 
provisions  of  the  Territorial  Ordinance. 

The  School  year  in  the  Territories  begins  on  the  1st  Janu- 
ary, and  teachers  are  usually  engaged  and  expenses  incurred  at 
that  date.     The  yearly  assessment  for  taxation  in  School  Dis- 
'  tricts  is  made  about  the  month  of  April. 

The  Territorial  Ordinance  and  Order  in  Council  of  18th . 
Jnly,  1890,  being  .in    force    at    the    time,    trustees    engaged 


1144  CANADIAT*r    ARCHIVES 

teachers,  incurred  expenses  and  made  their  financial  arran^e- 
ments  for  the  School  year  in  the  reasonable  expectation  that 
the  grants  held  out  to  them  by  the  Ordinance  and  Order  in 
Council  would  be  available.  The  Legislative  Assembly  was 
dissolved  by  effluxion  of  time  in  Jime,  1891,  and  in  conse- 
quence of  the  lateness  of  the  Session  at  Ottawa  could  not  be 
called  together  until  nearly  the  end  of  the  year.  ■ 

The  effect  of  the  Order  in  Council  of '22nd  June,  1891, 
was  to  suddenly  deprive  Schools  throughout  the  Territories  of 
the  grants  previously  made  them,  after  their  assessments  were 
made,  and  before  the  Legislature  could  be  called  together  to 
pass  any  legislation  rendered  necessary  by  the  new  state  of 
affairs.  The  lateness  of  the  Session  of  the  Legislature  again 
prevented  any  change  being  made  which  could  be  fairly  brought 
into  operation  until  the  1st  July,  1892. 

After  that  date  the  provisions  of  Section  12  of  Ordinance 
'No.  28  of  1891-92  will  come  into  force,  and  the  grants  to 
Schools  therein  provided  for  wdll  be  easily  paid  out  of  any 
vote  for  Schools,  which  may  reasonably  be  expected. 

Of  the  amount  of  $26,658.43  asked  as  a  supplementary 
vote,  the  amount  of  $5,752.55  is  a  portion  of  a  supplementary 
vote  of  last  year  which  lapsed  because  it  was  impossible  to  ex- 
ix:nd  it  between  the  time  it  was  available  and  the  time  it  lap- 
sed, September  30th,  1891. 

This  is  an  amount  actually  due  for  the  financial  year  1890- 
91,  and  by  reason  of  the  lapse,  payments  for  that  year  have  not 
yet  been  completed,  and  that  amount  stands  as  a  charge  against 
the  Vote  for  1891-92,  which  has  been  shown  to  be  altogether 
inadequate  for  the  actual  necessities  of  the  year. 

The  Order  in  Council  of  22nd  June,  1891,  rendered  the 
grants  clauses  in  the  Ordinance  of  1888  inoperative,  but  the 
Legislative  Assembly  were  unable  to  make  any  change  until 
January,  1892. 

The  result  was  that  for  more  than  a  year  the  Legislature 
held  out  grants  which  could  not  be  paid,  and  by  the  abroga- 
tion of  the  Order  in  Council  the  Legislature  was  involuntarily 
obliged  to  break  faith  with  the  Schools  of  the  Territories. 

Feeling  that  their  good  faith  was  pledged  by  legislation 
which  it  was  impossible  to  change  at  an  earlier  date,  the  Legis- 
lature have  taken  $10,000  of  local  revenue  to  reduce  the  de- 
ficit in  the  School  grants. 

In  view  of  the  foregoing  facts,  the  Committee  would  most 
respectfully  request  that  a  supplementary  vote  of  $26,658.48 


PIOXEER    LEGISLATION  1145 

be  made  in  order  to  meet  the  School  grants  payable  under  the 
old  system  up  to  the  30th  June,  1892. 


Memorial  addressed  to  His  Excellency  the  Governor-General 
in  Council  by  the  Executive  Committee  of  the  Territories 
in  reference  to  the  Parliamentary  Appropriation  for  the 
Government  of  the  jSTorth  West  Territories,  29th  February, 
1892. 

1.  That  the  moneys  voted  by  Parliament  for  the  Territories 
be  hereafter  voted  in  a  lump  sum,  non-lapsable. 

This  mode  of  vote  will  be  both  economicial  and  convenient 
from  both  a  Federal  and  Territorial  point  of  view. 

From  the  nature  of  the  Country,  the  enormous  distances 
and  difficulty  of  communication,  it  is  frequently  impossible 
to  expend  the  moneys  voted  by  Parliament  before  the  30th  of 
September  in  each  year  when  tliey  lapse- 
While  the  actual  necessities  of  the  Territories  are  indica- 
ted by  the  several  items  of  a  detailed  vote,  unforeseen  circum- 
stances frequently  arise  which  make  it  desirable  that  more 
money  should  be  ex])ended  on  some  particular  service  than  is 
j)rovided  by  the  detailed  vote. 

It  is  respectfully  submitted  that  the  bulk  of  the  money 
voted  by  Parliament  for  the  Territories  can  be  expended  by 
the  Legislature  in  detail  more  in  accordance  wath  local  wants 
and  requirements  than  by  Parliament. 

The  present  authorization  of  expenditure  of  portions  of 
the  money  voted  by  Parliament  for  the  Territories  through 
the  Assembly  would  seem  to  simply  change  the  disbursing 
Agent  of  the  Federal  Government  and  not  the  mode  of  Ex- 
penditure. 

The  present  system  of  expenditure  involves  a  double  sys- 
tem of  vouchers,  books,  book-keeping  and  audit,  and  to  a  cer- 
tain extent  a  dual  clerical  service  which  would  be  done  away 
with  if  the  money  were  voted  in  a  lump  sum  and  handed  over 
to  the  Legislative  Assembly. 

That  the  following  consideration  of  the  items  of  the  Xorlh- 
West  vote  for  1891-92  will  bear  out  the  foregoing. 

(1.)    Travelling  expenses  of  officials. 

This  item  would  necessarily  belong  to  the  Legislative  As- 
sembly, if  separate  provisions  were  made  for  the  Lieutenant- 
Governor. 

(2.)   Probable  cost  of  elections. 


1146  CANADIAN    AKCIIIVES 

The  Assembly  under  the  Statute  has  the  power  to  pas3 
legislation  regarding  Elections  and  would  properly  -control 
this  item. 

(3.)    Stationery,  telegrams,  postage  and  telephones. 

Provided  "for  by  Order  in  Council  of  8th  December,  Isitl. 

(4.)   Legal  expenses,  including  Legal  Adviser's  salary. 

It  is  desirable  that  this  item  should  be  handed  over  to  the 
Assembly,  as  the  bulk  of  the  work  of  the  Legal  Adviser  arises 
in  connection  with  those  items  of  expenditure  included  in  the 
Order  in  Council  of  8th  December,  1891. 

(5.)    Clerical  Assistance. 

A  clear  line  of  distinction  can  be  drawn  between  what  may 
be  designated  as  ^'Local  Clerical  Assistance"  and  "Federal 
Clerical  Assistance"  as  they  exist  in  the  Regina  Offices. 

Those  of  the  (,^lerks,  who  perform  work  incidental  to  the 
Ordinances  or  those  items  of  the  federal  vote  controlled  by 
the  Legislature,  should  be  placed  under  the  control  of  the  Leg- 
islature. 

Those  belonging  to  the  Office  of  the  Lieutenant-Governor, 
qua  Federal  Officer,  Avould  still  remain  under  the  Lieutenant- 
Governor. 

(6.)    Subscriptions  to  Newspapers. 

Provided  for  by  Order  in  Council  of  8th  December.  1891. 

(7.)  Caretakers  and  Messengers,  Legislative  Hall  and 
Government  House. 

This  coukl  be  arranged  in  the  same  way  as  "'  Clerical  Assis- 
tance." 

(8.)  Maintenance  of  insane  patients  in  Manitoba  Peniten- 
tiary, including  transport. 

Tjiis  vote  is  mainly  expended  from  Ottawa,  and  properlv 
belongs  to  the  Department  of  Justice,  unless  the  Government 
contemplates  a  Territorial  Asylum  to  be  managed  by  local 
iiuthorities. 

r9.)  Light  and  Fuel  for  Legislative  Hall  and  Govevnnieiii 
ILm^o. 

This  might  be  looked  after  by  Public  Work  Officials. 

no.)   Fixtures,  &e.  in  connection  with  electric  light. 

This  is  not  a  recurring  vote,  and  would  probably  be  expend- 
ed by  the  T)f])artment  of  Public  Works. 

ill.)   j\lanagement  of  four  well-boring  Machines- 

Provided  for  by  Order  in  Council  of  8th  December,  1391. 

(12.)  Miscellaneous  Justice,  including  light,  fuel  and 
stationery  for  Sheriffs'  offices. 


PIOXEEK    LEGISLATIOX  1147 

Tills  nii.!,iit  be  undertaken  bv  the  Department  of  Justice. 

(13.)   Rent  of  Court  Room. 

Same  as  No.  12. 

(14.)    Stationery  for  Judges  of  Supreme  Court. 

Same  as  No.  12. 

(15.)    Salaries  of  Caretakers  of  Court  Houses. 

Same  as  No.  12. 

(16.)   Incidental  Justice. 

Same  as  No.  12. 

(17.)  Amount  required  to  buv  books  for  the  Library  of 
the  Court  House,  Regina,  N.W/F. 

Same  as  No.  12. 

(18.)  To  pay  the  Salary  of  Dixie  Watson,  as  Librarian, 
for  the  fiscal  year' ending  30th  June,  1892. 

Same  as  No.  12. 

(25.)  Publications  of  Magistrates'  Returns  and  Clerks' 
Fees  under  Sec.  103,  Cap.  178.  R.S.C. 

Same  as  No.  12. 

(-26.)  Reporting  and  printing  proceedings  and  judgments 
of  Supreme  Court  in  banc. 

Same  as  No.  12. 

(19.)  Contingencies,  (to  be  approved  by  ]\rinister  of  In- 
terior). 

Part  of  this  might  be  still  voted  to  be  expended  as  former- 
ly by  the  Lieutenant-Governor,  the  balance  could  go  into  the 
bulk  vote. 

(20.)  Salaries  of  Registrars,  Inspector  and  Clerks,  con- 
tingencies, etc. 

This  is  administered  bv  Department  of  Interior  at  Ottawa. 

(21.)   Schools. 

Provided  for  by  Order  in  Council  of  8th  December,  1891. 
-    (22.)   Roads  and  Bridges. 

Provided  for  by  Oj-der  in  Council  of  8th  December,  1891. 

(23.)   Printing  and  advertising. 

Provided  for  by  Order  in  Coimcil  of  8th  December,  1891. 

(24.)    Advertising  Sittings  of  Court. 

This  might  properly  be  part  of  the  bulk  vote,  and  could  be 
attended  to  by  local  Officials. 

From  a  consideration  of  the  foregoing  items  it  will  be  seen 
that  nearly  the  whole  of  the  public  service  of  the  Territories 
can  be  transacted   either  at  Ottawa  by  the  different  Depart- 


Il48  /  CANADIAN    AKCHIVES 

irients  or  at  Regina  by  local  Officials  controlled  by  tlio  Legis- 
lature. 

It  is  submitted  that  the  foregoing  establishes  tlie  fact  that 
the  business  of  the  Territories  can  be  carried  on  more  cheaply 
and  more  conveniently,  from  both  a  Federal  and  Territorial 
point  of  view,  by  granting  a  lump  sum  to  the  Territories  in- 
stead of  having  an  itemized  vote  as  hitherto. 

It  is  also  submitted  that  a  local  Executive  Committee  re- 
sponsible to  the  Legislature  can  perform  the  work  quite  as 
efficiently  and  more  satisfactorily  to  the  people  of  the  Territor- 
ies, than  it  has  been  done  under  the  O'ld  system. 

It  is  further  submitted  that  the  Territories  have  develop- 
ed sufficiently  to  be  intrusted  with  the  limited  amount  of  self- 
government  indicated  in  the  foregoing. 


20,  Extract     from  Journals  of  Legislative  Assembly  of  the 
NAV.T.,  Aug.  SO-Sl.  1892. 

Tuesday,  30th  August,  1S92, 

2.30  o'clock,  p.  m. 
Journals  read  and  approved. 

Mr.  Speaker  then  came  down  from  the  Chair,  and  the  same 
being  taken  by  Mr.  Sutherland,  the  Deputy  Speaker,  jNfr. 
Speaker  spoke  from  the  floor  of  the  House  as  follows : — 

In  resigning  the  Chair  of  this  House,  I  desire  to  make  the 
following  statement : — 

I  was  elected  Speaker  of  a  House  to  which  a  large  major- 
ity of  those  who  for  two  years  previously  had  been  struggling 
for  responsible  government  had  been  returned.  As  one  of  the 
party  which  had  been  engaged  in  that  struggle  and  had  been 
successful  in  the  late  general  election,  I  reasonably  expected 
that  any  Advisory  Council  or  Committee  which  might  be  form- 
ed would  be  composed  of  those  and  those  only  who  had  belong- 
ed to  that  party.  Being  in  perfect  accord  with  the  majority 
of  the  House  as  to  the  course  which  would  be  pursued  in  re- 
gard to  responsible  control  of  our  affairs,  and  to  that  item  of 
expenditure,  the  Roads,  Bridges  and  District  Vote,  with  which 


PIONEEK    LEGISLATION  1149 

every  Electoral  District  is  more  directly  concerned,  I  was  sat- 
isfied that  the  general  rights  of  the  Territories,  as  well  as  the 
particular  interests  of  my  own  District,  would  be  fully  pro- 
tected. 

In  view  of  the  defeat  of  an  Executive,  advocating  the  prin- 
ciples which  I  had  struggled  for  longer  than  any  other  Member 
of  this  House,  and  the  success  of  a  party  evidently,  indeed  ne- 
cessarily, opposed  to  those  principles,  I  feel  that  in  duty  to  my- 
self and  my  constituents,  I  must  place  myself  in  such  a  posi- 
tion as  to  be  able  by  voice  and  vote  to  advocate  those  principles 
and  protect  the  interests  of  those  who  elected  me  to  this  House. 
I  now  resigTi  the  position  of  Speaker  of  this  House. 

Mr.  Sutherland  then  left  the  Chair  and  announced  to  the 
House  his  resignation  as  Deputy  Speaker. 

The  Members  then  dispersed. 


Wednesday,  31st  August,  1892. 

2.30  o'clock,  p.  m. 

This  day,  all  the  ]\Iembers  being  present, 
And  the  Clerk  having  taken  his  Seat  at  the  Table, 
Mr.  Cayley,  addressing  himself  to  the  Clerk  (who,  stand- 
ing up,  bowed  and  then  sat  do^\^l)  stated  that  His  Honor  the 
Lieutenant-Governor  had  been  informed  of  the  resignation  of 
James  H.  Ross,  Esquire,  as  Speaker  of  this  House,  and  gave 
leave  to  the  House  forthwith  to  proceed  to  the  choice  of  a  new 
Speaker. 

Mr.  Cayley,  thereupon  addressing  himself  to  the  Clerk 
(who,  standing  up,  bowed  and  then  sat  down)  proposed  to  the 
House,  for  their  Speaker,  William  Sutherland,  Esquire,  Mem- 
ber for  ISTorth  Qu'Appelle,  and  moved  that  he  do  take  the 
Chair  of  this  House,  as  Speaker,  which  resolution  was  second- 
ed by  Mr.  McKay. 

And  the  Question  being  put  by  the  Clerk,  the  Members 
divided  and,  the  votes  being  equal,  the  Clerk  declared  that  no 
Election  had  been  held. 

And  the  Clerk  having  left  his  Seat  at  the  Table,  the  Mem- 
bers then  dispersed. 


1100  CANADIAN  ARCHIVES 

21.  Repori  by  the  Miiti^lcr  of  Justice,  Sept.  29.  1SU2. 

Depaktment  of  Justice^  Canada, 
Ottawa,  29tli  Septeinl)or,  1S02. 

To  His  Excellency, 

The  Governor-General  in  Council. 

The  undersigned  has  the  honor  to  report  as  follows  on  Or- 
dinance No.  1  of  1891-92  of  the  Legislature  of  the  North-West 
Territories  (assented  to  on  the  24th  December,  1891)  intituled 
"An  Ordinance  respecting  the  Executive  Government  of  the 
Territories." 

The  subject  of  which  this  Ordinance  treats  ( "The  Execu- 
tive Government  of  the  Territories  ")  is  regulated  bv  "  The 
Xorth-West  Territories  Act"  of  the  Parliament  of  Canada  and 
the  Acts  in  amendment  thereof,  and,  in  the  view  of  the  under- 
signed, tlie  Parliament  of  Canada  is  paramount  in  authority 
as  to  all  matters  respecting  that  subject,  and  is  indeed  the  only 
authority  which  can  regulate  and  define  the  mode  of  govern- 
ment which  is  to  exist  in  the  Territories. 

It  follows  from  this  that  an  Ordinance  which  goes  beyond 
the  mere  regulation  of  detail  and  which  is  not  entirely  in  sub- 
ordination to  the  Acts  of  Parliament,  or  which  limits  or  ex- 
tends the  powers  and  responsibilities  of  the  Lieutenant-Gover- 
nor as  established  by  those  Acts  i-^^,  so  far,  ultra  vires  of  the 
Legislature  of  the  Territories. 

By  Section  4,  Sub-section  2,  of  Chapter  50  of  the  Pevised 
Statutes  of  Canada,  "The  North-West  Territories  Act,"  it  is 
provided  that  "The  Lieutenant-Governor  shall  administer 
"the  Government  under  instructions  from  time  to  time  given 
"bv  the  Govornor-in-Couneil  or  l)v  the  Secretary  of  State  of 
"Canada." 

This  principle  has  been  modified  by  two  Statutes. 

By  Chapter  19  of  1888,  Section  13,  it  is  provided  as  fol- 
lows : — 

"The  Lieutenant-Governor  shall  select  from  among  the 
"elected  Members  of  the  Legislative  Assembly  four  persons  to 
"act  as  an  Advisory  Council  on  matters  of  finance,  who  shall 
"severally  hold  cifice  during  pleasure:  and  the  Lieutenant- 
"Governoi-  shall  preside  at  all  sittings  of  such  Advisory  Coun- 
"cil  and  have  a  right  to  vote  as  a  member  thereof,  and  shall 
"have  also  a  casting  vote  in  case  of  a  tie." 


PIOXEER    LEGISLATION  1151 

By  Chapter  22  of  1891,  Section  6,  sub-section  12,  the 
J.egishitive  Asscmbh-  is  authorized  to  make  Ordinances  relat- 
ing to  (among  other  things). 

''The  expenditure  of  Territorial  funds  and  such  portion  of 
''any  moneys  appropriated  by  Parliament  for  the  Territories 
''as  the  Lieutenant-Governor  is  authorized  to  expend  by  and 
"witli  the  advice  of  the  Legisljitive  Assembly  or  of  any  Coni- 
"mittee  thereof." 

There  is  reason  for  believing  that  it  was  intended,  in  pass- 
ing this  latter  enactment,  (Chapter  22  of  1891)  to  repeal  Sec- 
tion 13  of  Chapter  19  of  1888,  and  to  leave  matters  of  expendi- 
ture to  be  regulated  by  the  Assembly,  or  by  a  committee  there- 
of, under  the  Section  just  quoted. 

It  was  suggested  to  the  Lieutenant-Governor  that  it  would 
not  be  difficult  to  make  the  two  Sections  above  cited  harmonize 
and  that  the  Legislature  would,  of  course,  keep  in  view  both 
provisions  in  framing  any  Ordinance  under  the  Act  of  1'891, 
and  that,  if  a  Committee  of  the  Assembly  should  be  chosen  by 
that  body  to  deal  with  matters  of  expenditure,  llis  Honor 
might  constitute  that  Committee  his  Advisory  Council,  under 
the  Act  of  1888,  if  the  numbers  corresponded,  as  they  might 
well  do. 

At  all  events,  the  Parliament  of  Canada  has  vested  the  Ex- 
ecutive Government  of  the  Territories  in  the  Lieutenant-Gov- 
ernor, acting  under  instructions  from  Your  Excellency  in- 
Council,  or  from  the  Secretary  of  Stat«,  with  an  Advisory 
Council  on  matters  of  finance,  (under  Section  13  of  Chaptei> 
19,  1888),  or  a  committee  under  Chapter  22  of  1891,. composed 
of  members  of  the  Legislative  Assembly. 

Possibly  the  enactment  of  1891  may  be  regarded  as  author- 
izing the  Assembly  to  make  an  Ordinance  to  establish  a  Com- 
mittee having  powers  to  deal  with  matters  of  expenditure,  in- 
stead of  the  Advisory  Council. 

In  any  case,  the  functions  of  the  Advisory  Council  under 
the  Act  of  1888,  or  the  committee  under  the  Act  of  1891,  are 
limited  to  matters  of  finance  and  expenditure. 

The  Ordinance  under  review,  however,  contains  the  much 
more  extensive  provisions  that  "There  shall  be  a  Committee 
"to  aid  and  advise  in  the  Government  of  the  Territories  so  far 
"as  the  same  is  vested  in  the  Lieutenant-Governor  and  the 
"Legislative  Assembly." 


1152  CANADIAN    AUG  HIVES 

This  Committee,  according  to  the  Ordinance,  is  to  consist 
of  four  persons,  at  least,  chosen  by  the  Lieutenant-Governor 
from  the  members  of  the  Legislative  Assembly. 

They  are  to  advise  him  on  all  matters  connected  with  his 
duties  of  office,  and  not  merely  on  matter.^  of  finance  and  ex- 
penditure. 

In  the  opinion  of  the  undersigned,  this  Ordinance  is  ultra 
vires  of  the  Legislature  of  the  Territories  excepting  in  so  far 
as  it  may  be  considered  and  construed  to  be  an  Ordinance  in 
relation  to  ''The  expenditure  of  Territorial  funds  and  such 
"portion  of  any  moneys  appropriated  by  Parliament  for  the 
"Territories  as  the  Lieutenant-Governor  is  authorized  to  ex- 
"pend  by  and  with  the  advice  of  the  Legislative  Assembly  or 
"of  any  committee  thereof." 

If  given  any  wider  effect,  it  w'ould  conflict  with  the  pro- 
visions of  "  The  ISTorth-West  Territories  Act "  and  the  amend- 
ments above  cited,  as  it  would  imply  that  the  Lieutenant-Gov- 
ernor is  to  administer  the  Government  as  to  all  matters,  ac- 
cording to  the  advice  of  the  Executive  Committee  according 
to  the  Ordinance. 

The  undersigned  is  informed  that  an  intimation  was  con- 
veyed to  the  Lieutenant-Governor,  while  the  Ordinance  was 
under  consideration  by  the  Legislature,  that  this  opinion  was 
held  by  Your  Excellency's  Advisers,  and  that  the  Ordinance 
interpreted  otherwise,  w^ould  be  beyond  the  powers  of  the  Leg- 
islature, but  that  His  Honor  was  pleased  to  give  the  Ordinance 
his  assent:  and  the  undersigned  is  further  informed  that  His 

^, Honor  was  advised  that  the  Ordinance  could  not  be  recognized 
*         .  .   . 

as  having  any  validity  or  effect  other  than  that  before  mention- 
ed, and  that  he  would  be  expected  to  conform  to  the  Statutes 
of  Canada  in  all  matters  relating  to  the  Government  of  the 
N^orth-West  Territories,  and  could  not  be  relieved  from  respon- 
sibility by  the  circumstance  of  his  having  advisers  on  the  gen- 
eral affairs  of  Government  under  the  Ordinance  in  question. 

This  being  the  case,  it  has  not  been  considered  necessary 
to  advise  Your  Excellency  to  disallow  the  Ordinance,  although, 
in  the  view  of  the  undersigned,  it  requires  to  be  amended  in 
order  that  confusion  and  misinterpretation  be  avoided. 

It  will  probably  be  sufficient  that  the  expression  of  opinion 
contained  in  this  Report,  if  it  should  meet  with  Your  Excel- 
lency's approval,  be  conveyed  to  His  Honor. 

The  undersigned  has,  therefore,  to  recommend  that  a  copy 
of  this  Report,  if  approved,  be  transmitted  to  His  Honor  the 


PIONEER    LEGISLATION  1153 

Lieutenant-Governor  of  the  Xorth-West  Territories,   together 
with  a  copy  of  the  Minute  ar>provino-  the  same. 
Respectfully  submitted, 

(Signed)  JOHN  S.  D.  THOMPSON, 

Minister  of  Justice. 


22.  Speech  from  the  Throne  hy  Lieutenant  Governor  Royal ^ 
Sept.  16,  1893. 

Gentlemen  of  the  Legislative  Assembly : 

As  this  is  the  last  public  occasion  upon  which  I  may  expect 
to  meet  you,  allow  me  to  say  that,  in  resigning  the  administra- 
tion of  the  Government  of  the  Territories  into  the  hands  of 
my  successor,  I  shall  do  so  with  mingled  feelings  of  regret 
and  satisfaction. 

I  shall  regret  to  leave  you  because  I  have  never  failed,  even 
under  trying  circumstances,  to  receive  at  your  hands  the  loyal 
treatment  due  to  the  representative  of  Her  Majesty,  notwith- 
standing the  fact  that  at  times  our  duty  appeared  to  lie  in 
opposite  directions. 

It  was  mine  to  carry  into  effect  what  I  considered  to  be 
the  Law,  as  laid  down  by  the  Parliament  of  Canada,  for  regu- 
lating your  share  of  responsiblity  in  the  administration  of 
public  affairs,  and,  whilst  you  claimed  to  exercise  a  more  com- 
plete control  over  the  expenditure,  that  Law  placed  me  in  a 
somewhat  invidious  position  of  appearing  to  oppose  the  popular 
requests.  Notwithstanding  this  controversy,  no  unpleasant- 
ness ever  arose  between  me  and  the  Assembly. 

Wlien  on  the  4th  July,  1888,  I  was  sworn  in  as  Lieuten- 
ant-Governor of  the  North-West  Territories,  the.  functions  of 
that  office  were  as  totally  different  from  those  of  the  Lieuten- 
ant-Governors of  the  Provinces,  as  they  will  be  from  those  to 
be  performed  by  my  successor.  I  was  responsible  to  the  Privy 
Council  of  Canada  alone  for  all  executive  acts  done  in  the 
Territories.  The  Assembly  had  hardly  a  voice  in  the  Govern- 
ment of  the  Country  and  the  Lieutenant-Governor  was  practi- 
cally a  Political  Commissioner  under  whose  direct  supervision 
and  authority  the  affairs  of  the  Territories  were  conducted  and 
administered. 

28159—73 


1154  CANADIAN    AKC  HIVES 

IsTow  all  this  has  been  uuiterially  {'lianged  and  lience  my 
satisfaction. 

The  Legislature  to-day  practically  enjoys  the  rights  and 
privileges  of  self  government.  T>et  me  congratnlate  yon  sin- 
cerely niv)!!  the  wisdom  and  discretion  you  have  displayed  in 
undertaking  yonr  new  and  important  duties. 

*]\ry  satisfaction  is  further  derived  from  the  fact  that  these 
Territories  are  at  the  present  time  enjoying  a  measure  of  peace 
and  pros])erity  unsurpassed,  if  not  unequalled,  by  any  other 
portion  of  the  Dominion  of  (^inada.  Tn  this  happy  condition 
of  affairs,  for  which  we  have  to  thank  the  Divine  Providence. 
I  now  take  leave  of  this  Assembly. 

G.  The  Attainmciil  of  ilic  Provincial  Status. 

1.. Extract  from  a  Motion  hi/  Mr.  Frank  Oliver  in  the  Coun- 
cil of  the  N.W.T ,  July  29,  lS8Jf.^'\ 

5.  That  while  the  location  and  boundjn-ies  of  the  different 
Provisional  or  Postal  Districts  in  the  Xorth-West  make  those 
districts  well  suited  for  erection  into  Provinces  some  time,  it 
is  not  advisable  at  present  to  separate  them  from  each  other 
[.nd  place  each  one  under  tlie  control  of  a  Petty  Provincial 
Parliament. 

£.  Letter  from  Lieutenant-Governor  Forget  to  the  Secretary  of 
State,  July  20,  1900. 

GOVEENMENT   HoUSE^ 

Regina,  July  20,  1900. 
The  Honourable, 

The  Secretary  of  State^ 
Ottawa,  Ont. 

Sir, — I  have  the  honour  to  transmit  herewith  for  submis- 
sion to  His    Excellency    the    Governor    General,    an    Address 
passed  by  the  Legislative  Assembly  of  the  Territories,  on  the 
second  day  of  May  last,  sig-ned  by  the  Speaker. 
I  have  the  honour  to  be,  Sir, 

A'our  obedient  servant, 

A.  E.  FORGET, 

Lieutenant   Governor. 

'  Journals  of  the  Council  of  the  N.W.T.,  1884. 


PIO^'EER    LEGISLATION  1155 

5.  Memorial  from  Legislative  Assembly,  N.^y.T.,  to  Dominion 
Government,  May  2,  1900. 

To  His  Excellency  the  Right  Honourable  Sir  Gilbert  John 
Eliot  Miirray-Kynnvumond,  Earl  of  Minto  and  Viscount 
Melgund  of  Melgund.  County  of  Forfar,  in  the  Peerage 
of  the  United  Kingdom^- Baron  ^linto  of  Minto,  County 
of  Roxburgh,  in  the  Peerage  of  Great  Britain,  Baronet 
of  Xova  Scotia,  Knight  Grand  Cross  of  the  most  Dis- 
tinguished Order  of  St,  Michael  and  St.  George,  etc,  etc.. 
Governor  General  of  Canada. 

May  it  Please  Your  Excellexcy — 

We,  Her  Majesty's  dutiful  and  loyal  subjects,  the  Legisla- 
tive Assembly  of  the  Xorth-West  Territories  of  Canada,  in 
Session  assembled,  humbly  approacli  Your  Excellency  for  the 
purpose  of  representing — 

That  by  The  Britisli  Xorth  America  Act  1867  it  was 
(among*t  other  tilings)  enacte<l  that  it  should  be  lawful  for  the 
Queen,  by  and  with  the  advice  of  Her  Majesty's  Most  Honour- 
able Privy  Council,  on  Address  from  the  Houses  of  the  Par- 
liament of  Canada,  to  admit  Rupert's  Land  and  the  Xorth- 
Western  Territory,  or  ciiher  of  them,  into  the  Lnion  on  such 
terms  and  conditions  in  each  case  as  should  be  in  the  Addresses 
expressed  and  as  the  Queen  should  think  fit  to  approve  sub- 
ject to  the  provisions  of  the  said  Act; 

That  by  an  Address  from  the  Houses  of  the  Parliament  of 
Canada,  Her  Majesty  was  prayed  to  unite  Rupert's  Land  and 
the  !N^orth-Western  Territory  with  the  Dominion  of  Canada. 

That  in  order  to  further  the  petition  of  the  Parliament  of 
Canada,  Her  Majesty,  under  the  authority  of  The  Rupert's 
Land  Act  1868,  accepted  a  Surrender  from  the  Governor  and 
Company  of  Adventurers  of  England  trading  into  Hudson's 
Bay  of  all  the  lands,  territories,  rights,  jjrivileges,  lil)erties, 
franchises,  powers  and  authorities  whatsoever  granted  or  pur- 
ported to  be  granted  by  certain  Letters  Patent  therein  recited 
to  the  said  company  in  Rupert's  Land; 

That  in  the  said  Address  it  was  represented  to  Her  Majesty, 
as  a  reason  for  the  extension  of  the  Dominion  of  Canada 
westward,  that  the  welfare  of  the  population  of  these  Territories 
Svould  be  materially  enhanced  by  the  formation  therein  of 
political  institutions  bearing  analogy,  as  far  as  circumstances 

28159— 73J 


1156  CANADIAN    AKCllIVES 

will  admit,  to  those  which  existed  in  the  several  Provinces 
then  forming  the  Dominion ; 

That  the  Houses  of  Parliament  of  Canada  by  their  said 
Address  expressed  to  ITer  Majesty  their  willingness  to  assume 
the  duties  and  obligations  of  government  and  legislation  as 
regards  these  Territories; 

That  in  pursuance  and  exercise  of  the  powers  vested  in 
the  Queen  by  the  aforesaid  Acts,  Her  Majesty,  by  and  with 
the  advice  of  Her  Most  Honourable  Privy  Council,  ordered 
and  declared  that  from  and  after  the  fifteenth  day  of  July, 
1870,  Rupert's  Land  and  the  North-Western  Territory  should 
be  admitted  into  and  become  part  of  the  Dominion  of  Canada, 
and  granted  power  and  authority  to  the  Parliament  of  Canada 
to  legislate  for  the  future  welfare  and  good  government  of 
these  Territories ; 

That  by  The  British  N'orth  America  Act  1871  the  I'ar- 
liament  of  Canada  was  further  given  power  from  time  to  time 
to  make  provision  for  thr^  administration,  peice,  order  and 
good  government  of  any  Territory  not  for  the  time  being  in- 
cluded in  any  Province; 

That  imder  the  several  authorities  so  given  the  Parliament 
of  Canada  has  created  political  institutions  in  the^e  Territories 
bearing  a  close  analogy  to  those  which  exist  in  the  several  Pro- 
vinces of  the  Dominion ; 

That  by  the  Confederation  compact  the  Provinces  which 
formed  the  Dominion  on  the  fifteenth  day  of  July,  1870,  were 
furnished  with  the  means  of  carrying  on  local  self-government 
upon  certain  well  defined  bases ; 

That  the  Territories  being  an  integral  part  of  the  Dominion, 
and  having  had  imposed  upon  them  the  duties  and  obligations 
incidental  to  the  political  institutions  which  have  been  given 
to  them,  and  which  said  duties  and  obligations  the  Parliament 
of  Canada  has  declared  its  willingness  to  assmne,  are  entitled 
to  such  Federal  assistance  for  their  maintenance  as  will  bear 
due  proportion  and  analogy  to  that  given  to  other  portions  of 
the  Dominion  for  similar  purples ; 

That  repeated  representations  have  been  made  in  various 
ways  to  the  Government  of  Canada  with  a  view  to  obtaining 
just  and  equitable  financial  assistance  towards  providing  for 
the  proper  and  efi'ective  administration  of  local  affairs  in  the 
Territories  and  for  the  public  necessities  of  their  rapidly  in- 
creasing population ; 


PIONEER    LEGISLATION  1157 

That  sucli  representations  have  been  met  by  intermittent 
and  insufficient  additions  to  the  annual  grant,  the  provision 
Fo  made  by  the  Parliament  of  Canada  never  bearing  any  ade- 
quate proportion  to  the  financial  obligations  imposed  by  the 
enlargement  and  development  of  the  political  institutions 
created  by  itself; 

That  it  is  desirable  that  st  basis  should  be  established  upon 
which  the  claims  of  the  Territories  to  suitable  financial  recog- 
nition may  be  settled  and  agreed  upon  ; 

That  we  do  therefore  most  humbly  pray  that  Your  Excel- 
lency will  be  graciously  pleased  to  cause  the  fullest  inquiry  to 
be  made  into  the  position  of  the  Territories,  financial  and 
otherwise,  and  to  cause  such  action  to  be  taken  as  will  provide 
for  their  present  ^nd  immediate  welfare  and  good  government, 
as  well  as  the  due  fulfilment  of  the  duties  and  obligations  of- 
government  and  legislation,  assumed,  with  respect  to  these 
Territories,  by  the  Parliament  of  Canada ; 

And  furthermore  that,  by  The  British  ISTorth  America  Act 
1871,  it  was  (amongst  other  things)  enacted  that  the  Parlia- 
ment of  Canada  may  from  time  to  time  establish  new  Pro- 
vinces in  any  Territories  forming  for  the  time  being  part  of 
the  Dominion  of  Canada  but  not  included  in  any  Province 
thereof,  and  may,  at  the  time  of  such  establishment,  make 
provision  for  the  constitution  and  administration  of  .  .  such 
Province,  we  do  therefore  most  humbly  pray  that  Your  Excel- 
lency will  be  also  graciously  pleased  to  order  inquiries  to  be 
made  and  accounts  taken  with  a  view  to  the  settlement  of  the 
terms  and  conditions  upon  which  the  Territories  or  any  part 
thereof  shall  be  established  as  a  Province,  and  that,  before 
any  such  Province  is  established,  opportunity  should  be  ^iven 
to  the  people  of  the  Territories,  through  their  accredited 
representatives,  of  considering  and  discussing  such  terms  and 
conditions. 

All  which  we  humbly  pray  Your  Excellency  to  take  into 
Your  Excellency's  most  gracious  and  favourable  consideration. 

WILLIAM  EAKII^, 

SpeaJcer  of  the  Legislaiive  Assembly 
of  the  North-West  Territories. 

•Legislative  Assembly  Chambers, 

Regina,  KW.T.,  ]\[ay  2,  1900. 


1158  CANADIA.N     ARCHIVES 

L.  Letter  from  Secretary  of  State's  Department  to  Lieutenant- 
Uoveiiior  Forget,  Juty  2o,  1000. 

Department  of  the  Secretary  of  State^ 

Ottawa,  July  25,  1900. 
His  Honour, 

The  Lieutenaut  Governor  of  the  Xurtli-West  Territories, 
Eegina,  K.W.T. 

Sir, — I  have  the  honour  to  acknowledge  the  receipt  of  your 
letter  of  the  20th  instant,  transmitting  for  submission  to  His 
Excellency  the  Governor  General,  an  address  passed  by  the 
Legislative  Assembly  of  the  Territories,  on  the  Second  day 
of  May  last,  and  to  state  that  the  matter  shall  receive  attention, 
I  have  the  honour  to  be,  Sir, 

Your  obedient  servant, 

B.  PELLETIER, 

Acting  Under  Secretary  of  State. 


5.  Letter  from  Premier  HauUain  to  Minister  of  tlie  Interior, 

Jan.  30,  1901. 

Ottawa.  January  00,  1901. 

The  Hon.  Clifford  Sifton, 

Minister  of  the  Interior, 
Ottawa,   Ont. 

Sir, — Following  up  the  discussion  between  you,  Mr.  Koss 
and  myself,  on  the  subject  of  the  Xorth-West  Assembly  Memo- 
rial of  the  Second  of  May  last,  I  now  beg,  agreeably  to  your 
request,  to  make  a  further  statement  in  writing.  The  Memo- 
''ial,  while  leading  to  definite  constitutional  changes,  approaches 
the  subject  from  the  financial  point  of  view  and  points  out  how, 
in  the  opinion  of  the  Legislature,  our  legislative  jurisdiction 
and  administrative  responsibilities  have  been  enlarged  and  in- 
creased out  of  all  proportion  to  the  means  placed  at  our  dis- 
posal. T  need  not  enlarge  on  this  side  of  the  question,  as  it  has 
already  been  placed  very  fully  before  you  in  the  financial  state- 
ments furnished  to  you  for  the  past  two  years  by  my  colleague 
Mr.  Ross.  While  financial  embarrassments  rather  than  con- 
stitutional   aspirations  have  led   the   Xorth-West   Government 


PIONEEE    LEGISI.ATIOX  115i) 

and  Legislature  to  discuss  the  provincial  status  I  tliink  that 
sufficient  practical  reasons  can  be  given  for  the  early  estab- 
lishment of  provincial  institutions  in  the  West. 

We  have  a  rapidly  growing  population,  much  larger,  as  the 
census  will  show,  than  that  of  British  Columbia  ten  years  ago, 
and  than  that  of  Prince  Edward  Island  today;  a  population 
trained  to  the  exercise  of  povCers  of  self-government  falling  a 
little  short  only  of  those  enjoyed  by  The  Provinces.  For 
nearly  thirteen  years  the  ISTorth-West  Legislative  Assembly  has 
been  occupied  with  founding  local  institutions  and  a  body  of 
laws  suitable  to  the  condition  and  circumstances  of  the  country. 
Our  parliamentary  vote  is  apparently  incapable  of  expansion 
at  all  in  proportion  to  the  need's  of  a  rapidly  developing  country 
and  our  powers  circumscribed  as  they  are  by  the  necessities  of 
our  present  anomalous  constitutional  position,  fall<  short  just 
at  the  point  where  further  progress  demands  their  exercise. 

The  Territories  have  arrived  at  a  point,  where,  by  reason 
of  their  population  and  material  development,  the  larger  powers 
and  larger  income  of  a  Province  have  become  necessary.  I 
have  already  in  former  communications  pointed  out  to  you  how 
our  limited  powers  are  still  more  limited  by  the  reservation  of 
subjects  such  as  the  Land  Titles  law,  the  administration  of  the 
Criminal  law  and  the  control  of  the  public  domain.  It  is 
undoubtedly  in  the  interest  of  any  Province  or  Provinces  here- 
after to  be  established,  that  the  important  questions  surround- 
ing the  subject  of  the  public  domain  should  be  settled  at  once, 
and  before  any  more  of  the  public  lands  of  the  Territories  are 
alienated  from  the  Crown. 

For  these  and  other  reasons  which  need  not  be  advanced 
at  length,  I  would  ask  you  to  urge  the  earliest  possible  action 
on  the  part  of  the  Government  on  the  lines  suggested  and  with 
the  object  proposed  by  the  Assembly  Memorial. 
I  have  the  honour  to  be,  Sir, 

Your  obedient  servant, 

F.  W.  G.  HAULTAIX 


IIGO  CANADIAN    ARCHIVES 

6-  Letter  from  Minister  of  the  Interior  to  Premier  IlauUain, 

Mar.  21,  1001. 

Depaktmext  of  the  IxTKinoif, 

Ottawa,  March  21,  1001. 

Hon.  F.  W.  G.  HaultaiNj 
Regina,  Assa. 

SiK^ — Referrini>'  to  your  communication  of  the  I^Otli  J:in- 
narj,  and  the  conversations  which  I  had  with  yourself  and  Mr. 
Ross  in  Ottawa,  I  may  say  that  I  realise  very  fully  the  diffi- 
culties of  the  position  in  which  the  Government  and  Legislative 
Assembly  of  the  Xorth-West  Territories  are  placed,  and  I  admit 
that  there  is  very  much  in  the  suggestions  which  are  made  in 
your  letter  and  in  the  memorial  regarding  the  necessity  of  a 
change  in  the  constitutional  and  financial  position  of  the  Terri- 
tories. 

Without  at  the  present  moment  committing  myself  to  any 
positive  statement  I  am  prepared  to  say  that  the  time  has 
arrived  when  the  question  of  organising  the  Territories  on 
the  Provincial  basis  ought  to  be  the  subject  of  full  consideration. 
It  would  appear  to  me  that  the  better  way  of  brinii-inii'  the  mat- 
ter to  a  more  definite  position  Avould  be  to  arrange  for  a  con- 
ference upon  the  subject  between  the  representatives  of  your 
Government  and  a  committee  of  Council  representing  the  Fed- 
eral Government.  I  shall  be  pleased  to  bring  about  arrange- 
ments for  such  a  conference  at  any  time  that  is  mutually  con- 
venient. 

Yours  faithfully, 

CLIFFORD    SIFTOK 


7.  Letter  from  Premier  HauUain  to  Minister  of  the  Interior, 

Mar.  30,  1901. 

Regina,  March  30,  1901. 
The  Lion.  Clifford  Sifton^ 
Minister  of  the  Interior, 
Ottawa,   Out. 

Sir, — I  duly  received  your  letter  of  the  21st  instant,  from 
which  I  was  pleased  to  learn  that  you  are  of  opinion  that  the 


PIO^'EER    LEGISLATION  llGl 

time  has  arrived  when  the  question  of  organizing  the  Terri- 
tories on  the  Prqvincial  basis  ought  to  be  the  subject  of  full 
consideration,  and  I  will  be  glad  to  arrange  for  a  conference 
upon  the  subject  between  representatives  of  the  Territorial 
Government  and  the  Privy  Council  at  the  earliest  date  con- 
venient to  you.  The  Legislative  Assembly  has  been  summoned 
for  the  second  day  of  May  arid,  while  it  would  be  impossible 
for  us  to  be  absent  during  the  six  weeks  following  that  date, 
I  think  that  it  would  be  well  that  the  discussion  should  be 
advanced  as  far  as  possible  before  the  Legislature  meets. 

Yours  faithfully, 

F.  W.  G.  HAULTAIIS", 

Attorney  General. 


8.  Letter  from  the  Minister  of  the  Interior  to  Premier  Haul- 
tain^  April  5,  1901. 

Depart:ment  of  the  Inteeiok, 

Ottawa^  April  5,  1901. 
Hon.  F.  W.  G.  Haultain, 
Kegina,  Assa. 

Dear  Mr.  Haultain, — I  have  your  letter  of  the  SOtli  ultimo- 
I  regret  to  say  that  with  every  desire  to  advance  the  discussion 
of  matters  relating  to  the  status  of  the  Territories  I  fear  that 
it  will  be  totally  impossible  for  us  to  have  a  meeting  before 
your  legislature  assembles.  The  latter  portion  of  the  Session 
of  Parliament  here  finds  all  the  ]\Iembers  of  the  Government 
extremely  busy,  and  it  would  be  hopeless  to  expect  from  them 
that  mature  and  careful  consideration  of  the  various  and  im- 
portant subjects  which  will  require  to  be  debated  and  -ettled  in 
connection  with  the  establishment  of  the  Territories  as  a  Pro- 
vince or  upon  a  Provincial  basis.  I  think  I  shall  therefore  be 
compelled  to  ask  you  to  defer  the  discussion  until  after  Parlia- 
ment has  prorogued. 

Yours  faithfully, 

CLIFFORD  SIFTOX. 


1162  CAXADIAX  ARCHIVES 

0.   Telegram    fro)n    Premier    IfaiiUain    to    Minister    of    the. 
Interior,  Jiuw  .!/,  1001. 

Regina^  June  4,  11)01. 
lion.  Clifford  Siftoa^^ 

Minister  of  the  Interior, 
Ottawa. 
Can  you  arrange  early  meeting  for  ns  with  sub-committee 
of  Council  before  ]\Iinisters  disperse  for  summer  ?     Any  time 
after  fifteenth  will  suit  us. 

F.  W.  G.  HAULTAIX. 

10.   Telegram  from  tlie  Minister  of  the  Interior  to  Premier 
Ilaultain,  June  5,  1901. 

Ottawa^  June  5,  1901. 
Hon-  F.  W.  G.  Hafltaix, 
Regina. 

It  is  impossible  to  settle  date  of  conference  now.  Finance 
Minister  mnst  be  present.  He  has  gone  to  England  ;ind  is  not 
expected  back  until  August. 

CLIFFORD  RTFTON". 

11.  Telegram  from  Hon.  A.  L.  Sifton  to  Minister  of  the 
Interior,  Aug.  10,  1001. 

Regixa,  August  10,  1901. 
Hon.  Clifford  Sifton^ 
Gananoque. 
Could  you  fix  approximately  date  of  conference  ?     Want  to 
make  some  appointments  and  will  sa^■e  tr(»id)]e  if  we  know  about 
date. 

ARTHUR  L.  SIFTO^T. 

12.   Telegram  from  the  Minister  of  the  Interior  to  Hon-  A.  L. 
Sifton,  Aug.  IJ^,  1901. 

CrAXA^OQUE,  AugUSt  14,   1901. 

Hon.  A.  L.  SiFTox^ 
Regina. 

I  think  about  the  first  week  in  October. 

CLIFFORD  SIFTO^L 


PIONEER    LEGISLATIOX  1163 

13.  Letter  from  Premier  Haultain    to   Sir   Wilfrid  Laurier, 

Dec.  7,  1901. 

Executive  Council^ 

Regixa^  December  T,  190J. 

The  liiglit  Honourable 

Sir  Wilfrid  Laurier^  G.C-J^t-Gr-j 
President  of  the  Council, 
Ottawa,  Ont- 

SiiJ. — In  response  to  the  recjuest  made  bv  the  sub-committeo 
of  the  Privy  Council  convened  to  consider  the  matters  referred 
to  in  the  Address  to  His  Excellencv  the  Gnvcnior  Genoril  in 
Council  presented  by  the  Legislative  Assembly  of  the  Terri- 
tories pursuant  to,  Ttesolutions  adopted  on  the  Second  day  of 
May,  1900  (a  copy  of  which  is  attached  hereto),  I  have  the 
honour  to  submit,  on  behalf  of  the  Government  of  the  Terri- 
tories, the  following-  statement  of  the  present  position  as  it  ap- 
pears to  us,  together  with  such  remarks  as  seem  to  be  necessary 
to  properly  set  forth  the  reasons  which  led  the  Assembly  to  re- 
quest that  enquiries  be  made  and  accounts  be  taken  with  a  view 
to  the  establishment  of  provincial  institutions  within  that  por- 
tion of  the  K^orth-West  Territories  lying-  between  the  Provinces 
of  Manitoba  and  British  Columbia. 

For  a  number  of  years  back  the  attention  of  the  Dominion 
Government  has  annually  been  directed  to  the  necessities,  finan- 
cial and  otherwise,  of  the  Territories,  in  the  estimates  submit- 
led  through  the  Honourable  the  Minister  of  the  Interior.  Occa- 
sion has  always  been  taken  to  set  forth,  as  briefly  as  possible  but 
necessarily  with  some  considerable  detail,  the  difficulties  met 
with  in  the  administration  of  affairs  in  the  Territories.  The 
documents  submitted,  I  understand,  were  presented  to  Parlia- 
ment during  its  last  session  so  that  their  tenor  will  no  doubt  be 
familiar  to  you,  and  it  will  not  be  required  that  the  matters 
they  dealt  with  shall  be  repeated  here.  Put  in  the  briefest 
possible  form  the  position  is  simply  this :  The  population  of  the 
Territories  has  been  and  is  increasing  so  rapidly  as  the  result 
of  the  efforts  put  forth  by  the  Immigration  Branch  of  the 
Interior  Department  that  the  means  at  the  command  of  the  Ter- 
ritorial Government  are  far  from  being-  sufficient  to  enable  it  to 
properly  administer  the  affairs  of  the  country.  The  increase 
in  the  population  has  increased  our  work  and  expenditures  by 
a  rate  far  greater  than  can  be  measured  by  the  mere  increase 


11G4  CANADIAN  ARCHIVES 

in  the  number  of  the  people.  Immigration  in  other  parts  of  the 
Dominion  has  resulted  largely  in  adding  only  to  the  population 
in  settlements  and  towns  previously  in  existence :  in  the  Terri- 
tories it  is  not  so.  jSTew  settlers  in  the  North-West  seem  desirous 
to  pass  by  the  settlements  already  opened  up  and  to  become 
pioneers  in  districts  removed  as  far  away  as  practicable  there- 
from. The  new  settlements  are  too  small  and  the  settlements 
are  too  widely  scattered  to  bear  the  burdens  which  necessarily 
go  with  the  opening  up  of  a  new  country,  and  the  fact  cannot 
be  disguised  that  they  must  be  assisted  to  do  so  if  the  people  are 
to  become  contented  and  prosperous,  or  even  retained  in  the 
country.  Bridges  or  ferries  must  be  provided  where  it  is  ne- 
cessary to  cross  rivers  to  reach  market  points.  Where  difficulty 
is  met  with  in  procuring  an  adequate  water  supply  the  Govern- 
ment has  found  it  necessary  to  procure  and  operate  machinery 
at  considerable  expense  in  order  to  sink  public  wells,  or — as  has 
been  found  practicable  in  some  districts — to  construct  reservoirs 
in  valleys  or  other  natural  depressions  in  order  to  conserve  the 
surface  water  for  the  use  of  stock  and  even,  in  some  instances, 
for  domestic  purposes.  Wherever  water  courses  run  in  the  Ter- 
ritories the  valleys  are  deep,  the  banks  being  often  precipitous. 
These  have  the  effect  of  rendering  the  ordinary  road  allowances, 
as  laid  down  by  the  Dominion  lands  system  of  survey,  impos- 
sible. They  cannot  be  travelled  and  new  roadways  have  to  be 
provided,'  generally  at  considerable  expense  for  right  of  way 
and  construction.  These  are  but  a  few  of  the  difficulties  which 
the  Government  of  the  Territories  is  called  upon  to  find  a  means 
of  ameliorating.  There  are  others  which  it  would  appear  to  be 
needless  to  take  up  your  valuable  time  by  enumerating  in  detail, 
as  it  may  be  said  they  are  all  of  the  same  character,  being  hind- 
rances and  drawbacks  to  the  settlement  of  the  country.  In  the 
older  settled  districts  other  difficulties  arise.  Where  the  people 
have  advanced  beyond  the  pioneer  stage  they  often  find  them- 
selves handicapped  for  lack  of  proper  transportation  facilities 
in  order  to  place  their  produce  upon  their  markets-  Roads  may 
be  made,  but  when  grain  and  dairy  produce  have  to  be  haii'iec: 
twenty,  thirty  and  at  times  a  greater  number  of  miles  m  order 
^.o  reach  a  market  or  shipping  point  no  matter  how  good  the 
road  may  be  the  return  for  the  farmer's  labour  and  use  of  hi> 
capital  will  show  a  tendency  to  pass  the  vanishing  point. 

It  is  thought  that  sufficient  has  been  said  to  indicate  to  you 
the  position  in  which  the  Government  of  the  Territories  finds 


PIONEER    LEGISLATION  "    1165 

itself.  In  addition  to  the  work  of  administration  which  devolves 
npon  all  governments,  there  is  a  constant — and  hitherto,  it 
must  be  admitted,  lamentably  ineffectual — struggle  to  keep  pace 
with  the  work  caused  by  the  rapid  development  of  the  country 
by  reason  of  the  great  increase  in  the  population.  ]t  may  be 
thought  that  the  people  ought  to  do  this  work  for  themselves,  as 
to  them  will  accrue  the  benefits,  but  whilst  I  am  disposed  to 
agree  to  the  general  proposition  that,  under  ordinary  conditions, 
the  question  of  the  provision  of  what  may  be  called  local  public 
improvements  is  a  matter  of  purely  local  and  sectional  concern, 
yet  I  am  confident  that  you  will  readily  recognize  that  the  con- 
ditions at  present  existing  in  the  Territories  are  far  removed 
from  being  ordinary.  After  the  subsidence  of  the  first  move- 
ment of  people  into  the  Territories  consequent  upon  the  com- 
pletion of  the  Canadian  Pacific  Railway,  the  influx  of  pojDula- 
tion  for  a  number  of  years  did  not  proceed  at  the  rate  so  notice- 
able of  late,  and  no  very  great  difficulties  were  met  with  in 
dealing  with  the  conditions  as  they  then  existed.  With  the 
means  provided  in  those  days  the  Government  was  in  an  in- 
finitely better  position  than  is  the  case  now,  notwithstanding 
the  fact  that  the  grants  made  by  Parliament  for  Government  in 
the  Territories  have  been  materially  increased  upon  the  repre- 
sentations made  to  the  Dominion  Government  from  time  to 
time.  The  public  necessities  are  not  created  so  much  by  the 
mere  fact  that  thirty,  forty  or  even  fifty  thousand  people  may 
be  added  to  the  population  in  any  one  year ;  but  rather  to  the 
certainty  that  nearly  every  small  group  of  new  settlers,  united 
by  any  tie  whatever,  mean=?  ])ractieally  tlio  opening  up  of  a  new 
settlement.  We  have  no  congested  communities  in  the  Terri- 
tories. In  some  districts  the  land  available  for  homestead  pur- 
poses has  practically  all  been  taken  up,  but  they  are  very  few 
in  number  and  extremely  limited  in  area,  and  there  is  no  evid- 
ence of  any  disposition  amongst  the  people  now  coming  to  us 
to  locate  in  districts  already  settled.  I  do  not  desire  to  press 
this  point  unduly,  and  I  think  that  it  will  be  made  abundantly 
clear  by  a  brief  consideration  of  the  following  statement  re- 
specting the  number  of  school  districts  and  the  annual  increase 
during  the  past  few  years : 

From  the  date  of  the  passage  of  The 
School  Ordinance  in  1884  to  the 
end  of  1896,  school  districts  were 
organised  to  the  number  of 436 


1166  CANADIAN    ARCHIVES 

^Vt  the  end  of  1SJ)7  tliere  were.  .  .  .    4.")7  an  increase  of  21 

1898  "  480  "        ,  23 

1899  "  524  "  44 

1900  "  576  "  52 

At  the  present  timej  besides  35  dis- 
tricts in  process  of  erection,  there 

are 649  "  73 

These  figures  give  some  idea  of  the  nnniber  of  new  settle- 
ments tliat  have  been  opened  up  within  the  past  five  years 
though  it  is  not  intended  to  convey  the  impression  that  the 
school  districts  represent  all  the  settlements  in  the  country,  as 
there  are  a  number,  mostly  opened  up  but  recently,  where  the 
pressure  of  the  struggle  for  mere  existence  has  prevented  any 
attempt  l>eing  made  to  establish  schools,  notAvithstanding  the 
efforts  of  the  local  Government  in  that  direction. 

I  have  spoken  of  the  number  of  the  settlements  in  the  Ter- 
ritories, and,  as  T  have  said,  these  are  not  only  small  for  the 
greater  part  and  far  removed  one  from  the  other,  but  the  people 
themselves  are  scattered  Avidely.  In  very  few  districts  have 
the  people  begun  to  emerge  from  what  may  be  referred  to  as 
the  pioneer  form  of  existence,  and  the  creation  of  anything  but 
the  simplest  and  most  elementary  organisations  amongst  them 
is  impracticable.  We  have  however,  succeeded  in  bringing 
such  organisations  into  existence,  notably  in  our  school  districts 
and  local  improvement  districts.  Through  their  means  we  have 
been  enabled  to  call  upon  the  people  for  all  that  it  i-  possible 
to  expect  of  them.  Further  additions  to  the  public  taxation 
might  possibly  be  made,  but  good  and  sufficient  reasons  exist 
why  they  should  not.  In  the  first  place,  it  would  be  calculated 
to  militate  against  the  work  of  the  Dominion  Grovernment  in 
seeking  to  induce  people  from  other  lands  to  come  and  settle 
down  amongst  us.  After  all  is  done  and  said  the  real  and  most 
>uccessful  immigration  agent  is  the  contented  settler,  and  a 
heavy  rate  of  taxation,  no  matter  how  necessary,  is  not 
calculated  to  satisfy  tlie  man  who  is  struo'o-ling  to  make  a 
home  in  this  undeveloped  country-  Then  again,  to  require 
the  people  of  the  Territories  to  carry  on  the  work  of  opening 
up  and  developing  the  country  would  not  l>e  to  treat  the  early 
settlers  in  the  ISTorth-West  in  the  manner  in  which  the  people 
of  the  older  Provinces  have  been  treated.  T  need  hardly 
remind  you  that  on  the  completion  of  the   Confederation  of 


I'lOXEEK    LEGISEA'l'ION  116V 

the  Provinces  of  Upper  and  Lower  Canada,  Nova  Scotia  and 
ISTew  Brunswick,  the  new  Dominion  immediately  found  itself 
in  the  possession  of  a  debt  amounting  to  $93,000,000  of  which 
sum  only  about  $17,000,000  could  be  shown  to  be  represented 
by  -assets  in  any  form  or  at  any  value  whatever.  It  would  he 
difficult  at  this  date  to  state  with  any  degree  of  certainty  in 
what  manner  and  fen*  what  ])urposes  the  Provinces  originally 
forming  the  Confederation  had  created  the  debts  they  trans- 
ferred to  the  Dominion,  but  I  can  refer  you  to  the  statement 
of  Mr.  (afterwards  Sir)  Alexander  Gait,  the  Finance  jMinister 
in  the  last  Government  of  the  old  Province  of  Canada,  made 
in  his  speech  npon  the  discussion  of  the  Quebec  resolutions. 
Mr.  Gait,  in  presenting  the  financial  aspect  of  the  confederation 
question  to  the  House,  said : 

"  ....  Tt  i:<  necessary  for  us  to  review  the  liabili- 
"  ties  of  each  Province,  the  reasons  why  they  were  incurred, 
"  the  objects  which  have  been  sought.  In  doing  so,  the  House 
"  will  not  fail  to  remark  that  the  same  policy  has  animated  the 
•■  Legislature  of  all  the  Provinces,  or  perhaps  I  should  speak 
"  more  exactly  in  saying  those  of  Canada,  Xew  Brunswick 
"  and  Nova  Scotia.  The  public  debt  of  all  these  Provinces 
''  has,  with  some  slight  exceptions,  been  incurred  for  public 
"  improvements,  intended  to  develop  the  resources  of  the  coun- 
"  try  to  attract  immigration  and  wealth  to  their  respecti\o 
''  shores,  to  cheapen  the  means  whereby  the  products  of  their 
"  farms  were  to  be  taken  to  market,  and  to  reduce  the  cost  of 
"  freight  of  articles  which  enter  largely  into  the  consumption 
"  of  tiieir  inhabitants." 

This  statement  appears  to  have. passed  without  contradic- 
tion, and  it  may  therefore  be  accepted  that  some  considerable 
portion  of  the  net  debt  of  Canada  on  July  1,  1867,  amounting 
to  $75,728,641,  has  been  created  by  expenditures  for  the  pur- 
poses described  by  Mr.  Gait.  This  debt  is  still  unpaid,  and 
its  cost  is  borne  by  every  person  in  Canada  who  contributes 
in  any  form  to  the  revenue  of  the  Dominion,  Avhether  he  resides 
within  the  boundaries  of  the  Provinces  for  whose  benefit  the 
money  borrowed  was  expended,  or  elsewhere.  Theso  provinci'il 
debts,  too,  it  must  not  be  forgotten,  represent  expenditures 
made  over  and  above  the  expenditures  rendered  possible  by 
the  public  revenues.  You  will,  I  trust,  pardon  me  if  I  press 
vour  attention  to  the  different  manner  in  which  the  Dominion 


1168  CANADIAN  ARCHIVES 

looks  upon  the  development  of  the  North-West.  All  our  public 
revenues  go  to  swell  the  Consolidated  Fund  of  Canada,  our 
public  domain  is  employed  for  purely  Federal  purposes,  and 
we  are  not  permitted  to  draw  on  the  future.  Our  revenues  are 
rigidly  limited  for  all  practical  purposes  by  the  grants  annually 
made  by  Parliament  for  "  Government  of  the  JSTorth-West 
Territories,"  and  we  are  not  even  entrusted  with  the  expen- 
diture of  the  whole  amount  of  that  sum-  The  grants  made 
have  never  been  considered  from  the  view  point  of  the  require- 
ments of  the  Territories.  Carefully  and  economically  pre- 
pared estimates  of  the  cost  of  public  requirements  have  been 
annually  forwarded  to  Ottawa,  but  provision  has  never  yet  been 
made  for  the  actual  and  crying  necessities  of  the  country. 
Last  January  we  asked  for  a  grant  of  $600,000,  based  upon 
closely  considered  details.  Parliament  met  the  request  by 
appropriating  the  sum  of  $357,979  to  meet  the  case.  As  a 
result,  from  one  end  of  the  country  to  the  other  complaints  are 
rife  as  to  lack  of  transportation  facilities — roads,  bridges,  fer- 
ries, drains  and  other  similar  necessities — to  permit  not  only 
old  settlers  to  travel,  but  to  enable  new  settlers,  brought  into  the 
country  by  Dominion  officials,  to  reach  the  locations  to  which 
their  attention  had  been  directed  and  which  had  been  selected 
for  their  future  homes.  Expenditures,  and  large  expenditures, 
too,  are  as  urgently  and  imperatively  required  in  the  !North- 
West  today  for  "  public  improvements,"  "  to  develop  the 
resources  of  the  country,"  "  to  attract  immigration  "  without 
speaking  of  "  wealth,"  "  to  cheapen  the  means  whereby  the  pro- 
ducts of  the  farm  are  to  be  taken  to  market,"  as  they  ever  were 
in  the  old  Provinces  of  Canada,  'Noysl  Scotia  or  ISTew  Brunswick, 
and  it  does  not  seem  at  all  inappropriate,  in  view  of  the  cir- 
cumstances, that  Canada  should  provide  the  money  for  these 
purposes,  for  it  is  Canada  at  large,  and  not  the  ISTorth-West  in 
particular,  that  will  most  benefit  by  the  attraction  of  desirable 
immigrants  to  the  country. 

One  other  objection  to  the  introduction  of  a  sufficiently 
heavy  rate  of  taxation  to  meet  the  general  public  requirements 
is  found  in  the  fact  that  the  cost  of  a  large  number  of  the  public 
works  we  are  now  constructing  should  properly  be  chargeable 
to  capital  expenditure.  As  we  have  no  capital  account,  having 
no  power  or  authority  to  utilise  the  public  credit  in  any  way, 
we  are  compelled  to  devote  an  unreasonably  large  part  of  our 
limited   annual   income   towards    defraying   the   cost   of   such 


riONEEK    LEGISLATIOX  1160 

works,  instead  of  spreading  the  expediture  over  a  term  of  years. 
You  will  at  once  perceive  that  it  would  be  an  undoubted  hard- 
ship upon  the  people  who  are  now  here  were  they  required  to 
tax  themselves  for  the  cost  of  such  works.  They  would  not  only 
be  compelled  to  bear  the  cost  of  rendering  the  country  habitable 
for  themselves,  but  at  the  same  time  to  develop  it  for  the  benefit 
of  those  who  are  yet  to  come  instead  of  being  enabled  to  place 
part  of  the  cost  upon  those  wht)  will  benefit  by  the  results  of 
the  expenditure.  Besides,  such  works  not  only  serve  the  purpose 
of  providing  public  conveniences  and  improvements,  but  every 
dollar  spent  upon  them  enhances  the  value  of  the  lands  held  for 
various  corporations  by  the  Dominion  Government  and  which 
do  little  or  nothing  to  assist  in  the  work.  This  is  felt  to  be  a 
public  grievance  but  is  one  which  I  am  glad  to  learn,  the  Gov- 
ernment is  making,  an  earnest  endeavour  to  remove  as  far  as 
is  at  present  ju-actical^le. 

Our  financial  difiiculties,  though  the  most  serious  which  we 
have  to  meet,  are  not  the  only  ones,  nor  are  they  more  pressing 
or  important  in  their  bearing  than  others  to  which  I  have  the 
honour  to  direct  your  attention.  I  will  be  brief  in  doing  so 
though  I  have  no  desire  to  minimise  their  importance.  They 
might  for  the  purpose  of  consideration  be  divided  into  two 
classes,  those,  namely,  which  relate  to  our  administrative  work 
and  those  others  which  relate  to  our  legislation,  but  having 
pointed  out  that  possible  distinction  I  do  not  think  it  will  be 
necessary  to  deal  Avith  the  questions  involved  in  detail.  The 
Xorth-West  Territories  iVct,  by  which  our  constitutional  powers 
are  defined,  derives  its  authority  from  that  section  of  The 
British  North  America  Act  18Y1  W'hich  gives  to  the  Parliament 
of  Canada  power  to  make  provision  for  the  "  administration, 
peace,  order  and  good  government "  of  the  Territories.  Under 
that  authority  from  time  to  time,  step  by  step,  power  by  power, 
and  in  keeping  with  the  spirit  of  the  representations  made  to 
Her  late  Majesty  l)y  Parliament  when  the  intervention  of  the 
Imperial  authorities  was  sought  in  order  to  hnve  Pupert's 
Land  brought  into  the  Dominion,  Parliament  has  built  up  in 
the  Territories  "  political  institutions  bearing  analogy,  as  far 
as  the  circumstances  "  probably  admitted,  to  those  Avhich  existed 
in  the  several  Provinces  forming  the  Dominion  in  186Y.  Sec- 
tion 92  of  The  British  Xorth  America  Act  1867  and  Section 
13  of  The  Xorth-West  Territories  Act  as  it  has  been  amended 
from  time  to  time  run  along  almost  identical  lines,  but  there 

28159—74 


1170  CANADIAN  ARCHIVES 

are  omissions  in  and  additions  to  The  ISTorth-West  Territories 
Act  which  for  many  purposes  render  futile  the  powers  which 
it  professes  to  give.  I  might  instance  the  power  given -to  the 
Assembly  by  the  Act  to  pass  Ordinances  with  respect  to  "  pro- 
perty and  civil  rights."  In  the  face  of  the  enactment  by  Par- 
liament of  The  Land  Titles  Act  189-t  it  will  be  realised  that 
v.dth  respect  to  land,  which  forms  by  far  the  most  visible  form 
of  "  property  "  in  the  jSTorth-West,  the  Legislative  Assembly 
is  powerless.  With  respect  to  the  administrative  difficulties 
created  by  our  Territorial  position  I  will  do  no  more  than  refer 
1o  the  fact  that  public  necessities  and  the  exigencies  of  the  case 
have  required  us  to  practically  duplicate  much  of  the  admin- 
istrative work  now  being  carried  on  for  the  Territories  by  the 
Dominion,  and  will  refrain  from  doing  more  than  instancing 
the  work  called  for  in  the  administration  of  justice  as  a  case 
in  point. 

The  impossibility  of  continuing  the  present  system  upon  its 
present  basis  must  be  self-evident.  On  the  one  hand,  our 
limitations — rigidly  fixed  by  Parliament  in  some  instances  and 
equally  firmly  placed  by  circumstances  in  others — preclude  our 
doing  for  ourselves  the  things  that  ought  to  be  doi^e,  and,  on 
the  other  hand,  Parliament  makes  no  effort  to  assist  us  with 
even  an  approximate  degree  of  adequacy.  I  have  spoken  of 
the  work  to  be  done  by  the  Government  of  the  Territories  as 
being  "  ours,"  but  I  am  satisfied  that  you  realise  as  fully  as  we 
do  that  the  work  is  only  ours  to  do,  as  the  doing  of  it  and  what- 
ever may  be  accomplished  when  it  is  done  will  all  redound  to 
the  credit  and  be  for  the  benefit  of  Canada.  We  have  been 
moderate  in  our  requests  for  means  to  carry  on  the  work  given 
to  us  to  do,  and  the  successive  annual  failures  of  Parliament 
to  meet  the  requirements  have  now  brought  us  face  to  face  Vv'ith 
accrued  public  necessities  far  and  away  beyond  our  means  to 
cope  with.  The  Legislative  Assembly  has  prayed  that  His 
Excellency  will  be  pleased  to  make  inquiry  into  the  position 
of  the  Territories  and  to  cause  action  to  be  taken  to  provide 
for  their  present  and  immediate  welfare  and  good  government. 
What  can  be  done  ?  In  the  first  place  I  have  to  assure  you 
that  the  present  condition  of  the  Territorial  Treasury  demands 
ithat  a  sum  of  not  le«-  than  $4:65,000.00  be  available  before  the 
close  of  the  current  Dominion  fiscal  year  in  order  to  enable  us 
to  even  attempt  to  perform  our  public  dutias  during  the  first 
half  of  1902.  Towards  that  sum  Parliament  has  already  made 
an  appropriation  out  of  which  $1Y8,989.50  will  be  available 


PIONEER    LEGISLATION  1171 

and  which  we  may  possibly  be  able  to  increase  by  $35,000.00 
from  other  sources.  We  thus  have  a  depleted  Treasury  to  meet 
a  deficit  which  in  six  months  from  now  will  amount  to  at  least 
$250,000.00.  We  can  only  look  to  Parliament  for  this  money. 
It  is  not  possible  for  us  to  obtain  it  here  or  advisable  to  make 
any  attempt  to  do  so.  The  public  work  must  go  on,  and  the 
longer  it  does  so  under  existing  conditions  the  further  behind 
will  we  fall.  This  position  is -not  one  upon  which  either  the 
Government  or  the  Legislative  Assembly  of  the  Territories  can 
look  with  equanimity,  and  I  am  convinced  that  once  it  is 
realised  by  the  Dominicm  Government  it  will  not  be  permitted 
io  continue.  Neglect  to  furnish  prompt  relief  cannot  but  have 
the  effect  of  neutralising  the  efforts  of  the  Dominion  to  people 
the  Territories,  and  it  does  not  seem  to  us  to  be  probable  that 
Parliament,  after  making  generous  provision  for  carrying  on 
the  work  of  inducing  immigration  to  the  Territories  will  be 
niggardly  in  providing  for  assisting  to  retain  the  peopl  so 
brought  here. 

Granting  that  the  foregoing  statement  has  the  effect  which 
we  earnestly  trust  it  will  have,  and  that  \ve  shall  receive  your 
assurance  that  our  present  financial  necessities  will  be  relieved 
ai=.  soon  as  Parliament  can  be  asked  to  make  the  necessary  pro- 
vision therefor,  what  then  ?  How  shall  the  future  require- 
ments be  met  ?  Prom  official  announcements  made  on  different 
occasions  we  are  led  to  the  belief  that  there  are  good  prospects 
of  larger  and  more  extensive  movements  of  people  towards  the 
Korth-West  than  any  yet  seen.  Will  Parliament  continue  to 
provide  the  means  for  carrying  on  the  work  we  know  to  be 
necessary,  making  increases  in  the  grants  made  for  the  purpose 
bearing  some  proportion  to  the  increases  in  the  numbers  of  the 
people  coming  to  us,  as  well  as  capital  to  permit  development 
work  to  be  carried  on  ?  If  so,  well  and  good.  The  Legislative 
Assembly  has  suggested  that  the  time  has  arrived  when  some 
consideration  be  given  to  this  question,  and  by  its  Address 
before  cited  has  asked  that.  "  inquiries  be  made  and  accounts 
'*  taken  with  a  view  to  the  settlement  of  the  terms  and  condi- 
"  tions  upon  which  the  Territories  or  any  part  thereof  shall  be 
''  established  as  a  Province."  This  request  is  made  in  the 
belief  that  such  an  inquiry  will  make  it  clear  that  the  estab- 
lishment of  a  Province  in  the  Territories  upon  equitable  terms 
will  relieve  the  Dominion  of  any  necessity  for  annually  con- 
siflcring  Territorial  questions.  It  is  thought  that  the  time  is 
opportune  for  looking  into  this  matter.     Our  official  machinery 

28159— 74J 


1172  CANADIAN  ARCHIVES 

is  now  upon  a  working  basis  and  it  does  not  appear  that  anv 
disturbance  of  equilibrium  can  result  from  the  operation  of  the 
increased  powers  and  added  duties  that  will  follow  the  change. 
The  present  tentative  nature  of  much  of  our  legislation  and 
some  of  our  public  institutions  can  be  amended  by  the  iutro- 
duction  of  measures  tending-  to  ])lace  them  upon  a  permanent 
footing,  which  work  can  be  better  done  in  the  near  future  than 
at  a  time  when  the  weakness  and  ineffectiveness  of  much  of 
cur  work,  due  to  causes  already  referred  to,  have  had  time  to 
create  public  dissatisfaction  and  uneasiness.  During  the  con- 
sideration which  I  have  no  doubt  will  be  given  to  this  part  of 
the  prayer  of  the  Legislative  Assembly,  there  arc  some  matters 
which  we  respectfully  submit,  should  receive  mosi?  careful  and 
thorough  examination.  It  goes  without  saying  that  the  prin- 
ciples of  The  British  iSTorth  America  Act  will  form  the  basis 
of  the  constitution  of  any  Province  created.  We  seek  for  no 
advantages  over  any  other  Province,  and  we  do  not  anticipate 
that  we  will  be  denied  any  privileges  given  elsewhere.  After 
giving  some  earnest  thought  to  the  matter  of  presenting  this 
part  of  the  subject  as  desired  by  the  sub-committee  of  the  Privy 
Council,  I  have  concluded  that  I  cannot  do  so  in  any  better 
manner  than  by  submitting  the  views  of  the  Executive  Council 
of  the  Territories  in  the  form  of  a  draft  Bill,  in  which  the 
several  points  we  would  like  to  have  brought  to  an  issue  are 
duly  set  forth,  making  such  comment  upon  the  principles 
involved  as  occurs  to  me  in  connection  with  each  section  or 
group  of  sections,  and  from  this  point  onwards  this  communi- 
cation will  take  the  form  thus  indicated. 

An  Act  to  Establish  and  Provide  for  the  Government  of 
the  Pravince  of 

His  Majesty  by  and  with  the  advice  and  consent  of  the 
Senate  and  House  of  Commons  of  Canada  enacts  as  follows: 

1.  On,  from  and  after  the  first  day  of  January,  1903,  that 
portion  of  the  territory  kno^vn  as  Rupert's  Land  and  the  IsTorth- 
Western  Territory  admitted  into  the  Union  or  Dominion  of 
Canada  by  Her  Majesty  Queen  Victoria  by  and  with  the  advice 
and  consent  of  Her  Majesty's  Most  Honourable  Privy  Council 
by  Order  bearing  date  the  twenty-third  day  of  June,  18Y0, 
under  the  authority  of  the  146th  section  of  The  British  ISTorth 
America  Act  1867,  described  as  the  Provisional  Districts  of 
Assiniboia,  Saskatchewan  and  Alberta  as  the  said  districts  are 
defined  by  Orders  of  His  Excellencv  the  Governor  General  of 
the  Dominion  of  Canada  made  in  Council  on  the  eighth  day 


PlO^-EEK    LEGISLATIOX  -L-L<  > 


of  Alay,  1882,  and  the  second  day  of  October,  1895  respec- 
tively; and  that  portion  of  the  Provisional  District  of  Atha- 
basca as  the  said  district  is  defined  bv  Order  of  His  Excel  ency 
the  Governor  General  of  the  Dominion  of  Canada  made  m 
Conncil  on  the  eighth  day  of  May,  1882  and  the  second  day 
of  October,  1895,  respectively,  lyino-  to  the  sonth  of  the  fifty- 
seventh  parallel  of  north  latitnde,  shall  be  formed^into  and  be 
^  Province  which  shall  be  one  of  the  Provinces  of  the  Dominion 
of  Canada  and  which  shall  be  called  the  Province  of 

:\[emo  —In  considering  the  question  of  the  area  to  be 
included  in  this  Province  it  may  be  claimed  that  the  area 
proposed  is  too  lar-e  for  one  Province.  In  this  connection 
it  should  first  .be  note<l  that  the  proposed  area  ^vhen  com- 
pared with  several  of  the  other  Provinces  of  the  Dominion 
stands  as  follows : — 

Quebec 347,000  square  miles. 

Ontario 220,000        ;;  ;; 

British   Columbia    ....    383,000        ^^  ^^ 

Proposed  Province .  .     .  .    401,000 

Prom  this  comparison  it  will  be  noted  that  the  proposed 
Province  contains   an  area   considerably  larger  than  tliat 
contained  in  either  of  the  three  other  Provinces  mentioned, 
but  it  must  be  remembered  that  a  large  portion  of  the  dis- 
trict of  Athabasca  and  of  the  northern  and  eastern  portion 
of  Saskatchewan  proposed  to  be  included,  m  the  new  Pro- 
vince will  never,  owing  to  situation  or  physical  features, 
or  both,  contain  anything    more    than    a    very    small    and 
scattered  population.     The  area   which    it    is  proposed   to 
include  in  the  new  Province  is  practically  the  area  admin- 
istered bv  the    present    Territorial    Government    and    the 
experience  of  the  past  few  years  has  indicated  that  there 
is  no  difficulty  in  properly  administeriiii?  the  area  from  ono 

centre.  ,,         ,  .      ,,  .     ^i  ^ 

The  present  cost  of  the  Government  machine  m  die 
Territories  is  proportionately  much  le-  than  m  the  older 
Provinces  above  mentioned  and  although  the  full  provin- 
cial powers  will  brin-  with  them  added  duties  and  necessi- 
tate extensive  additions  to  some  of  the  present  Territona I 
•  departments,  these  additions  can  easily  be  made  and  the 
departmental  machinery  extended  to  cover  these  services. 


1174  CANADIAN    ARCHIVES 

Our  present  cost  of  Government  only  amoimts  to  ten 
per  cent  of  the  annual  Territorial  expenditure,  which  is 
much  less  than  the  percentage  of  charge  for  this  service  in 
the  older  Provinces  and  indicates  that  the  present  machinery 
of  Government  is  well  suited  to  the  requirements  of  the 
country  and  can  be  extended  much  more  cheaply  and  satis- 
factorily than  any  new  Government  departments  can  be 
organised. 

The  people  in  the  provisional  districts  now  adminis- 
tered by  the  Territorial  Government,  and  which  it  i> 
recommended  should  form  the  new  Province,  are  well 
acquainted  with  and  satisfied  with  the  present  Territorial 
laws  and  their  administration,  and  there  certainly  does 
not  seem -anything  to  gain  from  a  multiplication  of  Gov- 
ernments in  the  area  proposed  to  be  created  into  a  Pro- 
vince. 

The  area  in  question,  of  course,  contains  much  diversity 
of  climate,  soil,  and  other  physical  conditions  which  render 
it  difficult  to  legislate  in  such  a  manner  as  to  make  the 
laws  equally  suitable  to  all  portions,  but  no  matter  what 
division  of  the  Territories  might  be  made  tliis  condition 
would  still  exist  and  these  difficulties  have  been  fully 
realised  and  provided  for  in  the  existing  Territorial  laws. 

2.  On,  from  and  after  the  said  first  day  of  January,  1903, 
the  provisions  of  The  British  ISTorth  America  Act  1867,  except 
those  parts  thereof  which  are  in  terms  made  or  by  reasonable 
intendment  may  be  held  to  be  speeially  applicable  to  or  to 
affect  only  one  or  more  but  not  the  whole  of  the  Provinces  under 
that  Act  composing  the  Dominion,  and  except  so  far  as  the 
same  may  be  varied  by  this  Act,  shall  be  applicable  to  the  Pro- 
vince of  in  the  same  way  and  to  the  same  extent 
as  they  apply  to  the  several  Provinces  of  Canada  and  as  if  the 
Province  of  had  been  one  of  the  Provinces 
originally  united  by  the  said  Act 

Memo. — This  is  the  provision  adopted  on  the  incor- 
poration of  each  of  the  Provinces  since  the  Union. 

3.  The  said  Provinces  shall  be  represented  in  the  Senate  of 
Canada  by  four  members  nntil  it  shall  have  according  to  de- 
cennial census  a  population  of  two  hundred  and  fifty  thousand 
souls  and  from  henceforth  it  shall  be  represented  therein  by 


PIONEER    LEGISLATION  1175 

five  members  and  thereafter  for  each  additional  increase  in 
13opulation  of  fifty  thousand  souls  according  to  decennial  cen- 
sus there  shall  be  an  increase  of  one  member  in  its  represent- 
ation until  it  is  represented  by  twenty  members. 

Memo. — -This  provision  partially  assumes  a  basis  of  re- 
presentation by  population  Vhicli  is  not  the  usual  basis  for 
an  upper  chamber,  or  the  basis  applied  at  Confederation, 
but  it  was  the  basis  adopted  witi  certain  limitations  when 
Manitoba  was  formed,  two  members  being  given  for  the  then 
papulation  of  17,000  to  be  increased  to  three  for  a  popula- 
tion of  50,000  and  the  ratio  for  subsequent  representation 
being  fixed  for  25,000,  practically  one-half  the  ratio  in  the 
present  instance  from  the  commencement.  The  maximum 
number  is  reasonable  on  the  basis  of  representation  fixed 
by  the  Confederation  Act,  by  which  the  country  was  divid- 
ed into  districts  not  equal  in  area  or  population  but  repre- 
sentative of  different  interests.  The  prairie  portion  of  the 
country  consisting  of  Manitoba  and  the  proposed  province 
comprises  a  division  of  the  country  as  different  in  condi- 
tions and  interests  from  the  other  portions  of  the  country 
as  the  divisions  under  the  Confederation  Act,  and  the  re- 
presentation under  this  Act  and  the  Manitoba  Act  would 
give  it  the  same  representation  as  each  of  the  other  divis- 
ions, while  the  limitation  of  twenty  as  compared  with  Man- 
itoba's four  seems  reasonable  on  comparison  of  the  areas 
and  probable  future  populations. 

4.  The  said  Province  shall  be  represented  in  the  first  in- 
stance in  the  House  of  Commons  of  Canada  by  ten  members 
and  for  that  purpose  shall  be  divided  by  Act  of  Parliament  or 
by  Proclamation  of  the  Governor  General  into  ten  electoral 
districts  each  of  which  shall  be  represented  by  one  member: 
Provided  that  on  the  completion  of  each  decennial  census  here- 
after the  representation  of  the  said  Province  shall  be  readjust- 
ed according  to  the  provisions  of  the  fifty-first  section  of  The 
British  !N'orth  America  Act  1867. 


Memo.— By  the  Manitoba  Act  passed  in  1870  IManitoba 
was  given  a  representation  of  four  members  in  a  House  to 
be  elected  in  two  years.  The  census  taken  in  the  following 
year  showed  a  population  of  18,995,  which  would  have  en- 


117G  CANADIAN  ARCHIVES 

titled  her  to  one  nienilier.  In  1881  tl-e  population  had  in- 
creased to  (;2,2»)0, -entitlinii-  her  to  three  nienihers.  "British 
Cohnnbia,  a<hnitted  in  1871  with  a  ])opidati(>n  of  .'30,24-7 
entitling-  her  to  two  members,  was  i>iven  six.  In  1881  tlie 
population  was  •1!>,45U.  The  Territories  are  now  entitled 
on  the  basis  of  redistribution  under  the  B.X.A.  Act  1867 
to  six  members,  and  the  present  rate  of  immijrration  and 
the  prospects  of  immediate  increase,  whicdi  are  much  more 
promising  than  in  the  case  of  cither  Manitob:i  or  British 
Columbia,  which  were  given  respectively  four  and  three 
times  the  members  they  were  entitled  to  on  the  same  basis, 
would  seem  to  indicate  that  the  number  of  ten  or  twelve 
members  in  a  House  which  is  not  to  be  elected  for  three  or 
four  years,  errs  if  at  all  in  the  direction  of  beiuii'  too  few 
rather  than  too  uuiny.  Even  at  the  ])resent  moment  the 
'immigration  for  the  year  just  al)out  to  close  will  give  an 
estima-tcd  incrca-e  of  more  than  25,000  to  the  population  as 
shown  by  the  census  lately  taken. 

5.  The  Executive  ("omicil  of  the  Pro\  iuce  shall  bo  compos- 
ed of  such  persons  and  under  such  designations  as  the  Lieuten- 
f.nt  Governor  shall  from  time  to  time  think  fit. 

Memo. — This  is  exactly  the  same  ])rovisioh  as  that  con- 
tained in  The  ^[anitoba  Act  except  as  regards  the  limit  in 
nund)('r  in  the  iirst  instance  to  five,  which  ajipears  uncalled 
for. 

6.  All  powers,  authorities  and  functions  which  under  any 
law  or  custom  which  were  before  the  coming  into  force  of  this 
Act  vested  in  or  exercisable  by  the  Lieutenant  Governor  of  the 
Korth-West  Territories  Avith  the  advice  or  with  the  advice  and 
consent  of  the  Executive  Council  thereof  or  in  conjunction 
with  that  Council  or  with  any  member  or  members  thereof  or 
by  the  said  Lieutenant  Governor  individually,  shall  as  far  as 
the  same  are  capable  of  being  exercised  after  the  coming  into 
force  of  this  Act  be  vested  in  and  shall  or  may  be  exercised  by 
the  Lieutenant  Governor  of  the  Province  of  with 
the  advice  or  witli  the  advice  and  consent  of  or  in  conjunction 
with  the  Executive  Council  or  any  mend^er  or  members  thereof 
or  by  the  Lieutenant  Governor  individually  as  the  case  re- 
quires, subject  nevertheless  to  be  abolished'  or  altered  by  the 
Lea:islature  of  the  Province. 


PIO:\"EER    LEGISLATION  1177 

]\[emo. — The  provision  of  this  section  is  practially  the 
same  as  that  contained  in  the  fiSth  section  of  the  Confeder- 
ation Act  in  rehition  to  Ontario  and  Quebec,  and  while  there 
is  no  similar  provision  in  the  case  of  anv  of  the  other  ])ro- 
vinces  then  or  afterwards  admitted,  they  stand  on  a  differ- 
ent footing  inasmuch  as  all  of  them  exce])t  Manitoba  which 
had  had  no  previous  existence,  were  self-governing  colonies 
with  Governors  directly  representing  the  Crown,  whereas 
the  Xorth  West  Territories  have  for  years  had  a  Lieuten- 
ant Governor  exerci-ing  certain  functions  which,  as  well  as 
the  existence  and  status  of  such  Lieutenant  Governor,  are 
purely  the  creation  of  a  Dominion  Act,  and  the  section  as 
proposed  would  settle  any  question  which  might  arise  with 
regardi  to  the  authority  of  the  Lieutenant  Governor  of  the 
Province  in  respect  t)  functions  exercised  In-  the  Lieuten- 
ant Governor  of  the  Territories. 

7.  Lnless  and  until  the  Executive  Government  of  the  Pro- 
vince otherwise  directs  the  seat  of  Government  of  the  same  shall 
be  at 

(See  memo,  following  Section  8.) 

8.  There  shall  be  a  Legislattire  for  the  Province  consisting 
of  the  Lieutenant  Governor  and  of  one  House  styled  the  Logis- 
b.tive  Assembly  of 

Memo. — Sections  7  and  S  are  the  provisions  of  the 
Ib-itish  Xortli  America  Act,  Sections  08  and  60,  and  The 
.Manitoba  Act,  Sections  8  and  !>,  on  this  subject.  The 
location  of  the  ]u-ovincial  capital  is  a  matter  of  local  con- 
cern and  can  only  be  finally  decided  upon  after  the  creation 
of  a  Province.  In  the  meantime,  for  practical  reasons,  the 
seat  of  Government  will  remain  as  it  is. 

9.  The  constitution  of  the  Legislature  of  the  Xorth-West 
Territories  as  it  exists  on  the  first  day  of  January,  190o.  shall 
subject  to  the  provisions  of  this  Act  continue  to  l>e  the  consti- 
tution of  the  Legislature  of  the  Province  of  until 
altered:  under  the  authority  of  this  Act;  and  the  Legislative 
Assembly  of  the  said  Territories  existing  on  the  said  first  day 
of  January,  1908.  shall  unless  sooner  dissolved  continue  as  the 
Legislative  Assenddy  of  the  Province  of  until 
the  completion  of  the  ]ieriod  for  which  it  was  elected. 


1178  CANADIAN  ARCHIVES 

Memo. — When  The  British  Xorth  America  Act  1S6T 
came  into  effect,  there  were,  of  course,  no  Legishitive  As- 
semblies in  Ontario  or  Quebec,  and  in  Nova  Scotia  the  As- 
sembly was  dissolved.  In  ISTew  Brunswick,  however,  an 
Assembly  existed,  and  provision  was  made  by  section  88  of 
The  British  JSTorth  America  Act  1867  similar  to  that  con- 
tained in  this  section  for  its  continuance.  The  Assembly 
of  the  Territories  occupies  the  same  relation  to  the  Pro- 
vince that  the  Assembly  of  the  then  Province  of  New 
Brunswick  did  to  the  Province  under  Confederation  and 
it  seems  fittino-  that  the  same  provision  should  be  made. 

10.  In  and  for  the  Province  the  said  Legislature  may  ex- 
clusively make  laws  in  relation  to  irrigation  and,  subject  to  any 
rights  acquired  under  any  Act  of  the  Parliament  of  Canada  be- 
fore the  first  day  of  January,  1903,  the  property  in  and  the 
right  to  the  use  of  all  the  water  at  any  time  in  any  river,  stream 
watercourse,  lake,  creek,  ravine,  canyon,  lagoon,  swamp,  marsh 
or  other  body  of  water  shall  on,  from  and  after  the  said  date 
belong  to  and  be  vested  in  the  Province  unless  and  until  and 
except  only  so  far  as  some  right  of  some  person  therein  or  to 
the  use  thereof  inconsistent  with  the  right  of  the  Cro-um  and 
which  is  not  a  public  right  or  a  right  common  to  the  public  is 
established. 

Memo. — This  section  provides  that  laws  relating  to  ir- 
rigation shall  be  made  exclusively  bv  the  Province  and 
transfers  titles  to  all  water  to  the  Province.  It  is  assumed 
in  discussing  this  section  that  if  the  Province  be  created 
without  special  provision  for  this  matter  that  the  title  to 
the  water  in  unnavigable  streams  and  lakes  would  under 
ordinary  terms  of  The  British  North  America  Act  pass  to 
the  Province  but  that  the  title  to  navigable  waters  would 
remain  in  the  Government  of  Canada.  This  would  make 
systematic  irrigation  impossible  without  joint  legislation. 

It  has  been  clearly  proved  and  admitted  by  the  Domin- 
ion Government  that  in  a  large  section  of  the  Territories 
to  be  included  in  the  new  Province  irrigation  is  a  necessity. 

This  necessity  exists  in  only  a  portion  of  the  proposed 
Province  and  is  therefore  a  ''local"need  which  must  be  dealt 
with  in  the  same  way  as  other  "local"  needs  in  other  por- 
tions of  the  proposed  Province  and  under  Pi-ovincial  con- 
trol and  administration. 


PIOI^EER    LEGISLATIOX  1179 

It  is  admitted  by  those  interested  that  the  success  which 
has  already  attended  the  introduction  of  irrigation  under- 
takings in  the  Territories  is  largely  due  to  the  careful  gov- 
ernment control  which  has  been  exercised  of  the  record  and 
use  of  water  rights,  and  that  such  control  can  be  best  admin- 
istered from  local  government  sources  was  recognized  some 
years  ago  by  the  Dominion  Government  when  the  delega- 
tion of  the  administration  of  The  North-West  Irrigation 
Act  to  the  Territorial  Commissioner  of  Public  Works  was 
made. 

If,  as  has  been  assumed,  the  new  Province  will,  under 
the  terms  of  the  British  ISTorth  America  Act,  own  the  water 
in  unnavigable  streams  and  lakes,  the  present  provisions 
of  The  Xorth-West  Irrigation  Act  dealing  with  the  title  to 
such  water  will  of  course  have  to  be  repealed  and  unless  the 
provision  contained  in  section  10  of  the  proposed  Act  be- 
comes law  there  will  at  once  be  a  clash  between  the  Domin- 
ion Government  and  the  Provincial  Government  regarding 
the  use  of  water  for  irrigation.  This  difficulty  will  arise 
owing  to  uncertainty  as  to  the  streams  or  other  bodies  of 
water  which  are  navigable  and  must  be  dealt  with  by  the 
Dominion  and  the  other  bodies  of  water  which  will  be- 
come the  property  of  the  Province  and  can  only  be  dealt 
with  by  the  Province. 

In  the  Irrigation  States  and  Territories  to  the  South  of 
the  new  Province  one  of  the  greatest  drawbacks  to  irrigation 
development  has  resulted  from  litigation  as  to  the  title  to 
water  rights,  and  this  difficulty  can  only  be  abolished  in 
the  new  Province  by  continuing  the  present  exact  and  care- 
fully administered  system  of  Government  control  and  re- 
cord of  water  rights,  and  that  system  cannot  be  continued 
if  there  is  any  question  as  to  which  Government  (Dominion 
or  Provincial)  is  entitled  to  deal  with  these  water  rights. 

The  difficulitv  could  of  course  be  overcome  by  special 
provision  being  made  in  the  Act,  reserving  the  title  to  all 
water  to  the  Dominion,  but  if  this  were  done  the  new  Pro- 
vince would  be  treated  on  an  entirely  different  basis  from 
the  other  Provinces  of  the  Dominion,  including  Manitoba, 
and  would  be  precluded  from  dealing  with  a  matter  w^hich 
as  has  been  stataed  is  a  purely  local  one,  and  which  experi- 
ence has  proved  can  be  best  dealt  with  by  a  department  in 
close  touch  with  the  people  interested. 


1180  CANADIAi'f    AKCIIIVES 

The  provisions  of  the  section  are  taken  from  the  Fed- 
eral Irrigation  Act  of  1895,  section  2,  but  vesting  in  tlie 
Province  all  water  rights. 

11.  In  addition  to  all  other  powers  the  Legislative  Assem- 
bly of  the  Province  shall  have  the  powers  conferred  on  the 
Legislative  Assemblv  of  the  Xorth-West  Territories  by  the 
nineteenth  section  of  chapter  twenty-two  of  the  Acts  of  Parlia- 
ment of  Canada  passed  in  the  iifty-fonrth  and  fifty-fifth  yevirs 
of  the  reign  of  Her  Majesty  Qneen  Victoria. 

Memo. — The  object  of  this  section  is  to  continue  in  tlie 
new  Province  certain  powers-  respecting  legislation  on  the 
snbject  of  importation,  etc.,  of  intoxicating  liqnors  confer- 
red on  the  Territories  by  The  j^orth-West  Territories  Act 
and  which  would  not  be  comprised  in  the  general  powers 
nnrler  The  British  Xorth  America  Act  1867. 

12.  The  Judges  of  the  Courts  of  the  Province  shall  be 
selected  from  the  bar  of  the  Province  or  from  the  bar  of  some 
other  Province  in  which  the  laws  relative  to  property  and  civil 
rights  and  the  procedure  of  the  (\)urts  are  the  same  as  in  th(' 
Province  of 

AIemo. — This  section  contains  exactly  the  same  provis- 
ion as  is  contained  in  section  97  of  The  British  Xorth 
America  Act  1867,  as  regards  the  Provinces  whose  system 
of  law  was  founded  on  the  English  common  law, 

13.  Except  as  otherwise  provided  by  thi-;  Act  all  luws  in 
force  in  the  Xorth-West  Territories  on  the  first  day  of  January, 
1903,  and  all  Courts  of  civil  and  criminal  jurisdiction  and  all 
legal  commissions,  powers  and  authorities  existing  therein  on 
the  said  date  shall  continue  as  if  this  Act  had  not  been  passed, 
sr.bject  nevertheless  (excei^t  with  respect  to  such  as  are  enacted 
by  or  exist  under  Acts  of  the  Parliament  of  Great  Britain  or 
of  the  Parliament  of  the  United  Kinudom  of  Great  Britain 
and  Ireland)  to  be  repealed,  abolished  or  altered  by  the  Par- 
liament of  Canada  or  by  the  Legislature  of  the  Province  ac- 
cording to  the  authority  of  the  Parli-iment  or  of  the  Legisla- 
ture under  this  Act. 

(See  memo,  following  section  14.) 


PIOXEER    LEGISLATIOX  1181 

14.  All  public  officers  and  functionaries,  Judicial,  admin- 
istrative and  ministerial,  holding*  office  in  the  i^Torth-West  Ter- 
ritories on  the  first  day  of  January,  1903,  shall  continue  to 
liold  such  office  in  the  Province  of 

with  the  same  duties  and  powers  as  before  until  otherwise  or- 
dered by  the  Governor  General  of  Canada  or  the  Lieutenant 
Governor  of  the  Province  according  to  the  authority  of  the  Gov- 
ernor General  or  the  Lieutenant  Governor  under  this  Act. 

Memo. — Sections  13  and  11  contain  the  necessary  pro- 
visions for  continuing  the  laws,  courts,  officers,  etc.,  and  are 
the  same  as  containecf  in  section  129  of  the  British  !N"ortli 
America  Act  1867,  here  divided  into  two  sections,  the  words 
of  section  129  not  appearing  to  be  very  appropriate  as  ap- 
plied to  officers. 

15.  Until  altered  by  the  Lieutenant  Governor  in  Council 
the  Seal  of  the  Xorth-West  Territories  shall  be  the  Great  Seal 
of  the  Province  of 

Memo. — This  is  a  simple  provision  to  prevent  the  Pro- 
vince being  without  a  seal  until  one  can  be  provided,  and 
conforms  to  that  of  section  136  of  The  British  I^orth 
America  Act  1867. 

16.  The  penitentiary  situate  in  the  Province  of  Manitoba 
shall  until  the  Parliament  of  Canada  otherwise  provides  be 
the  penitentiary  for  the  Province  of 

Memo. — This  section  continues  the  penitentiary  ar- 
rangements at  present  in  force,  as  was  done  in  the  case  of 
the   then  Provinces  bv   The   British   Xorth   America    Act 

1867. 

17.  Nothing  in  this  Act  shall  iu  any  way  ]M-ejndicc  or  affect 
the  rights  or  j^roperties  of  the  Hudson's  Bay  Company  as  con- 
tained in  the  conditions  under  which  that  company  surrender- 
ed Rupert's  Land  to  Her  Majesty  Qugen  Victoria,  and  all 
rights,  privileges  and  properties  conferred  on  Canada  by  the 
said  conditions  shall  in  so  far  as  they  relate  to  matters  within 
the  legislative  authority  of  the  Province  belong  to  and  be  vest- 
ed in  the  Province. 

Memo. — Provision  for  the  rights  of  the  Hudson's  Bay 
Company  was  thought  to  be  necessary  in  the  cnse  of  ]\[ani- 


1182  CANADIAN    ARCHIVES 

toba  (see  Manitoba  Act,  section  34)  and  is  therefore  contin- 
ued in  the  present  Act.  The  latter  provision  of  the  section, 
though  not  in  The  Manitoba  Act,  seems  desirable,  particu- 
larly in  view  of  the  fact  that  at  present  the  Hudson's  Bay 
Company  has  denied  the  right  of  the  Territories  to  take 
without  compensation  lands  required  for  roads  through  re- 
serves, which  right  is  given  to  Canada  by  the  conditions  of 
surrender. 

18.  All  lands  belonging  to  the  Crown  situate  in  the  Pro- 
vince of  other  than  lands  reserved  by  Statute  or 
Order  in  Council  for  the  use  of  Indians  or  for  and  earned  by 
any  person  or  corporation  and  lands  entered  for  homestead  or 
pre-emption  but  not  granted  and  all  sums  due  and  payable  on 
the  first  day  of  January,  1903,  for  such  lands  shall  belong  to  the 
Province. 

(See  memo,  following  section  21.) 

19.  All  mines,  minerals,  timber  and  royalties  belonging  to 
the  Crown  situate,  being  or  arising  in  the  Province  of 

and  all  sums  due  and  payable  on  the  first  day  of  January, 
1903,  for  such  mines,  minerals,  timber  or  royalties  shall  be- 
long to  the  Province. 

(See  memo,  followino-  section  21.) 

20.  The  Province  shall  receive  and  retain  all  the  public 
property  of  the  Xorth-West  Territories  not  otherwise  disposed 
of  in  this  Act. 

(See  memo,  following  section  21.) 

21.  All  buildings  in  the  N'orth-West  Territories  belong- 
ing to  Canada  used  or  intended  for  court  houses,  jails  and  land 
titles  offices  and  for  residence  and  ofiices  of  the  Lieutenant 
Governor  and  Government  of  the  I^orth-West  Territories  to- 
gether with  all  appurtenances  connected  therewith  and  all 
moneys  the  proceeds  from  the  sale  or  leasing  of  school  lands 
in  the  Xorth-West  Territories  and  all  moneys  forming  the  as- 
surance fimd  under  the  provisions  of  The  Territories  Peal 
Property  Act  and  Land  Titles  Act  1894  shall  be  the  property 
of  tlie  Province  of 


PIONEER    LEGISLATION  11S3 


Memo.— Sections  18,  19,  20  and  21  deal  with  the  public 
property  within  the  proposed  Province,  and  proYide,as  far 
as  the  circumstances  appear  to  admit,  for  an  arrangement 
analogous  to  that  which  obtains  in  the  several  Provinces 
originally  forming  the  Confederation.     The  right  and  title 
to  the  public  domain  is  in  the  Crown,  but  in  the  Colonies 
directly  established  by  Great  Britain  the  beneficiary  inter- 
est in  the  revenues  arising  from  the  sale  or  other  disposal 
of  the  public  domain  has  been  surrendered  by  the  Crown 
for  the  benefit  of   the  people   residing  in  such   Colonies. 
The  Union  Act  of  1840  specifically  provided  that  the  terri- 
torial and  other  revenues  then  at  the  disposal  of  the  Crown 
should  be  place-l  in  future  at  the  disposal  of  the  Province 
of  Canada  then  being  formed.      Similar  dispositions  were 
made,  either  by  Statute  or  by  the  exercise  of  the  royal^pre- 
roo-ative    in  favour  of  the  other  colonies  in  British  Xorth 
Ameiica.     The  British  Xorth  America  Act  continued  these 
arrangements  for  the  benefit  of  the  Provinces  forming  the 
Confederation,  and  the  sections  of  the  Bill  under  reference 
provide  for  the  extension  of  the  principle  to  the  Province 
of  which  it  purports  to  provide  for  the  formation. 

It  may  be  noted  that  there  has  been  no  legislation  or 
exercise  of  the  royal  prerogative  transferring,  to  Canada 
or  otherwise,  any  right  to  enjoy  the  beneficiary  interest^  m 
the  territorial  revenues  of  the  North-West  Territories. 
The  fifth  section  of  Rupert's  Land  Act  of  1868.  like  the 
Order  in  Council  of  June  23,  1870,  for  which  it  is  the 
authority  soes  no  further  than  to  provide  that  upon  the  ad- 
mission of^Rupert's  Land  into  the  Dominion,  "it  shall  be 

"lawful  for  the  Parliament  of  Canada to  make, 

"ordain  and  establish  within  the  land  and  Territory  so  ad- 

"mitted all  such  laws,  institutions  and  ordinances, 

"and  to  "constitute  such  courts  and  officers,  as  may  be  neces- 
"  sary  for  the  peace,  order  and  good  government  of  Her 
"Majesty's  subjects  and  others  therein."  The  words  o± 
the  Order  in  Council  dealing-  with  the  admission  into  the 
Union  of  that  part  of  the  ^^orth-West  Territories  forfuerly 
known  as  the  Xorth-Western  Territory  are  more  sparing  as 
to  number  but  appear  to  convey  a  somewhat  wider  extent 
of  power,  as  thev  not  only  provide  for  the  "good  govern- 
ment" of  the  Territory,  but  also  for  its  "future  welfare, 
at  the  hands  of  Canada.  With  the  exception  of  the  gTant 
made  to  the  Hudson's  Bay  Company  by  the  Imperial  Or- 


1184  CANADIA]^    ARCHIVES 

del-  ini  Council  of  June  23,  ISTO,  section  30  of  ''An  Act  to 
•'amend  and  continue  the  Act  thirty-two  and  thirty-three 
''Victoria,  chapter  three,  and  'to  establish  and  provide  for 
"the  Government  of  the  Province  of  Manitoba,"  confirmed 
by  the  British  North  America  Act  1871  appears  to  be  the 
only  authority  under  which  any  portion  of  the  rights  of  the 
Crown  in  Eupert's  Land  or  the  North-Western  Territory 
has  ever  been  alienated.  The  Act  last  referred  to  is  the 
Act  under  the  authority  of  which  the  Parliament  of  Canada 
has  from  time  to  time  made  "provision  for  the  administra- 
"tion,  peace,  order,  and  good  government"  of  the  North- 
West  Territories,  being  a  "territory  not  for  the  time  being 
"included  in  any  Province;"  and  it  is  also  the  Act  under 
which  Parliament  will  provide  for  the  "constitution  and 

"administration  of  any Province"  which  may  be 

established,   "and  for  the   passing  of  laws  for  the   peace, 

"order  and  good  government  of  such  Province " 

The  difference  between  legislative  jurisdiction  and  pro- 
prietary rights  was  clearly  laid  down  by  Lord  Llerschell  in 
the  judgment  of  the  Judicial  Committee  of  the  Privy  Coun- 
cil in  the  Fisheries  case,  but  it  may  be  admitted  that  the 
necessities  of  "administration,"  and  the  ''duties  and  obli- 
gations of  government  and  legislation  as  regards  these  Ter- 
ritories," assumed  by  Parliament,  together  with  the  estab- 
lished Imperial  practice  in  such  cases,  would  probably, 
though  not  necessarily,  carry  with  them  the  privilege  of 
appropriating  the  territorial  and  other  revennes  of  the  Ter- 
ritories for  the  ])urposes  of  maintaining  good  government 
and  furthering  the  ends  of  legislation.  LTpon  the  forma- 
tion within  the  Territories  of  the  promised  "political  in- 

"stitutions  bearing  analogy to  those  which  exist  in 

"the  several  provinces  of  the  Dominion,"  it  is  submitted 
that  whatever  interest  Canada  may  have  had  or  exercised  in 
respect  of  the  territorial  revenues  will  devolve  upon  the 
Province.  As  Great  Britain  has  divested  herself,  for  the 
benefit  of  her  Colonies,  of  all  her  ]iropriet-ary  rights  in  the 
public  domain  within  those  Colonies,  so,  it  is  thought,  Can- 
ada should  do  with  respect  to  any  claim  that  may  be  pre- 
ferred on  behalf  of  the  Dominion  to  the  beneficiary  interest 
in  the  pu^&lic  domain  within  that  part  of  the  North-West 
Territories  to  be  included  in  any  Province  to  be  established. 
It  may  be  that  the  Govermnent  of  Canada  will  admit  the 
principle  contended  for  above  on  behalf  of  the  people  of  the 


PIOSEER    LEGISLATION  H"^ 


North-west  Territovles  ^vlio  may  he  incUided  within  the 
Urn  t.  of  any  Province  to.he  created,  but  will  argue  thai 

S  not  be  n  accord  with  established  public  policy  for  the 
Dominion  to  divest  itself  of  the  ability,  largely  advertised 
abroad   to  grant  lands  to  actual  settlers  upon  almost  nom- 

„aT  conditi'ons.     Such  appears  to  have  teen  the  view  adop 
ted  in  1884  by  the  Government  of  the  day  with  respect  to 
certain  similar  representations  then  made  by  the  Province 
of  Manitoba.     The  validity  of  the  claim  was  admitted  by 
tho  agreement  to  recompense  the  Province  for  the  loss  of 

ts  public  property.     It  is  not  'l'^^™-.'^."^^^^^,^^;;  '^'  f^ 
this  stage,  to  discuss  any  such  proposition  furthei  than    o 
p  Tut  out'the  one  fact  that,  should  ''>«  Doniinion  withboW 
from  the  Province,  for  the  benefit  of  Canada  at  large,  the 
r  Z  to  administer  the  public  domain  within  its  boundaries 
and  to  eniov  the  reveilles  therefrom,  the  addition  of  each 
new  setkr,'oi-what  experience  has  shown  to  practically 
"most  amount  to  the  same  thing-the  opening  up  of  eac 
new  settlement,  will  impose  a  burden  and  financial  sti an 
upon  tho  revenues  of  the  Province  altogether  out  of  P  o 
portion  to  any  revenue  derivable  on  account  of  such    ettler 
or  settlemeut;  and  one  that  can  only  be  met  by  an  early  ar. 
peal  to  extensive  direct  taxation.     The  last  issue  of  the 
Statistical  Year  Book  gives  the  following  rates  of  govern- 
nlt   expenditure   ,^r   head    in   the   several   P;o™ees- 
Ontario,  $1.74;  Quebec,  $2.74-  Novu  Scotia,  $2X)4    New 
Brunswick,   $2.47;   Manitoba,   $4.o8;    British   CoJumbLi 
$9.88;  Prince  Edward  Island,  $2.82    J°  *  «Jw  %  Ter 
the  expenditure  of  the  Government  of  the  NorthAUst  Ter- 
■torie^  was  limited  to  $477,374  22  for  the  simple  reason 
that  ne  more  money  was  available  for  expenditure.     The 
population  of  the  Territories  in  May,  1901,  is  reported    o 
Tave  been  in  the  neighbourhood   of  160,000.     A   simp  e 
calculation  shows  the  per  capita  expenditure  in  1900   to 
have  been  about  $3.00.     Without  extravagance  and  in  order 
to  provide  for  urgent  public  necessities,  the  per  capita  rate 
of  expenditure  in  the  Territories,  had  the  money  been  avail- 
able would  have  been  between  $6.00  and  $7.00.     This  large 
rate' of  public  expenditure  in  the  Territories  as  compared 
with  the  rates  of  the  eastern  provinces,  is  entirely  attri- 
butable to  the  extraordinary  increase  in  population  due    o 
the  energv  displayed  by  the  Immigration  Branch  of  the 
■       Interior  Department.     While  such  energy  is  commendable 


28169—75 


1186  CAXADIAN  ARCHIVES 

from  the  view  point  of  the  Dominion  interests,  yet  its  re- 
sults place  a  great  strain  upon  the  finances  of  the  country, 
and  it  is,  with  all  respect,  urged  that  the  exploitation  of  the 
public  domain  within  the  Province  to  be  established,  in 
the  interest  of  the  Dominion  solely  and  entirely,  will  place 
upon  the  Province  a  burden  too  onerous  to  bear,  and  one 
which  should  properly  fall  where  the  benefits  go. 

22.  The  following  amounts  shall  be  allowed  and  paid  by 
Canada  by  half  yearly  payments  in  advance  as  an  annual  sub- 
sidy to  the  Province,  that  is  to  say: 

(a)  For  the  support  of  the  Government  and  Legislature, 
fifty  thousand  dollars. 

(&)  On  an  estimated  population  of  two  hundred  and  fifty 
thousand  at  eighty  cents  per  head,  two  hundred  thous- 
and dollars,  subject  to  be  increased  as  hereinafter  men- 
tioned., that  is  to  say : — A  census  of  the  Province  shall 
be  taken  every  fifth  year  reckoning  from  the  general 
decennial  census  of  one  thousand  nine  hundred  and 
one  and  an  approximate  estimate  of  the  population 
shall  be  made  at  equal  intervals  of  time  between  such 
quinquennial  census  and  such  decennial  census ;  and 
whenever  the  population  by  any  such  census  or  esti- 
mate exceeds  two  hundred  and  fifty  thousand  which 
shall  be  the  minimum  on  which  the  said  allowance 
shall  be  calculated,  the  amount  of  the  said  allowance 
shall  be  increased  in  accordance  therewith  until  the 
population  reaches  one  million  three  hundred  and 
ninety-six  thousand  and  ninety-one,  after  which  there 
shall  be  no  further  increase. 

Memo. — Section  22  provides  for  the  payment  of  an  an- 
nual subsidy  to  the  new  Province  on  the  lines  of  that  paid 
to  the  Provinces  under  section  118  of  The  British  ISTorth 
America  Act.  It  may  be  noted  that  in  the  year  1900  the 
cost  of  government  and  the  legislature  in  the  I^orth-West 
Territories  amounted  to  $66,311.37,  which  amount  was  fur- 
ther supplemented  by  expenditures  made  from  the  Parlia- 
mentary vote  for  Government  of  the  ITorth-West  Territor- 
ies upon  matters  which,  in  the  Provinces,  usually  devolve 
upon  the  provincial  revenues,  and  which  principle  may  be 
expected  to  be  extended  to  the  province  to  be  formed. 


PIONEER    LEGISLATION  1187 

The  payment  of  eiglity  cents  per  head  npon  an  esti- 
mated population  in  excess  of  the  present  actual  population 
follows  the  precedent  established  in  the  case 
British  Columbia  at  the  time  of  its  admission  into  the 
Union.  Ten  years  after  its  admission  the  population  of 
that  province  had  not  reached  to  within  10,000  of  the  num- 
ber npon  which  the  subsidy  was  based.  In  the  case  of  the 
!N"ortli-West  Territories  the  population  is  rapidly  increas- 
ing through  immigration.  Since  the  census  was  taken  in 
May  it  is  estimated  that  more  than  25,000  people  have  come 
into  the  Territories,  and  it  is  reasonably  expected  that  by 
the  earlie=;t  date  the  Province  can  be  established  the  popu- 
lation will  reach  the  initial  figure  referred  to  in  the  Bill, 
and  that  long  before  1906  the  population  will  be  largely 
in  excess  of  that  upon  which  pajnnent  up  to  that  date  will 
be  made.  It  is  proposed  that  the  per  capita  allowance 
shall  be  paid  on  the  actual  population  until  such  time  as 
that  population  reaches  the  number  upon  which  this  grant 
is  paid  to  the  Province  of  Ontario.  Owing  to  the  extra- 
ordinary rate  in  the  increase  of  the  population  in  the  West 
at  the  present  time  and  in  future  prospect  it .  would  be 
manifestly  unfair  to  limit  this  grant  to  a  population  of 
400,000  as  has  been  done  in  other  cases ;  but  as  the  terms 
which  are  sought  by  the  draft  Bill  are  strictly  within  those 
granted  elsewhere  it  is  submitted  that,  at  least,  the  max- 
imum grant  ever  to  be  paid  when  the  population  warrants 
should  be  not  less  than  that  paid  to  any  other  Province  in 
the  Dominion.  In  the  meantime,  and  until  the  population 
reaches  400,000,  the  grant  paid  will  be  upon  the  same  basis 
as  that  paid  in  all  tlie  Provinces  except  Ontario  and  Que- 
bec. 

23.  The  Province  shall  be  entitled  to  be  paid  and  to  re- 
ceive from  the  Government  of  Canada  by  half  yearly  payments 
in  advatice  interest  at  the  rate  of  five  per  cent,  per  annum  on 
the  excess  over  the  sum  of  of  a  sum  to  be  ascertained 

by  multiplying  the  population  of  the  Province  by  32.46  and 
for  the  purpose  of  this  section  the  population  of  the  Province 
shall  until  after  the  next  decennial  census  be  deemed  to  be  two 
hundred  and  fifty  thousand :  Provided  that  immediately  after 
the  census  of  there  shall  be  a  readjustment 

under  this  section  on  the  basis  of  the  population  as  ascertained 
by  such  census. 

28159— Y54 


1188  CAIS-ADIAN    ARCHIVES 

Memo. — This  clause  provides  for  the  establishment  of 
a  capital  account  between  the  Province  and  the  Dominion 
upon  similar  terms  to  those  which  have  been  given  to  the 
Province  of  Manitoba,  with  the  exception  that  the  arrange- 
ment proposed  is  not  final,  the  Bill  providing  for  a  read- 
justment on  the  basis  of  the  population  of  a  future  date, 
when  it  may  be  expected  that  th-e  ratio  of  increase  will  ap- 
proximate more  closely  to  those  in  the  other  provinces  than 
is  the  case  at  present. 

24.  The  Province  shall  be  entitled  to  receive  by  half  yearly 
payments  in  advance  from  the  Governmeut  of  Canada  interest 
at  five  percent,  per  annum  on  the  sum  of  one  dollar  per  acre  for 
each  acre  of  land  in  the  Province  granted  by  the  Dominion 
otherwise  than  for  homesteads  or  pre-emptions  under  the  ])vo- 
visions  of  The  Dominion  Lands  Act  or  in  settlement  of  hidf- 
breed  claims. 

Memo. — Section  24  would  probably  be  more  properly 
referred  to  in  connection  with  sections  18,  19,  20  and  21 
of  the  draft  Bill  as  it  deals  with  the  public  domain  in  so 
far  as  grants  of  lands  in  the  jSTorth-West  Territories  made 
for  Federal  purposes  are  concerned,  and  seeks  to  place  the 
indebtedness  of  Canada,  to  meet  which  these  lands  were 
given,  where  it  properly  belongs,  namely,  the  Dominion  at 
large,  and  not  upon  the  property  of  the  Province.  These 
grants  have,  in  the  main,  been  made  in  the  aid  of  railway 
construction  in  the  West.  Of  such  grants  the  following- 
have  been  made,  from  IManitoba  and  Xorth-West  lands,  to 

the  companies  named : — 

Acres. 

Alberta  Railway  and  Coal  Company   ,  .1,114,368 

Calgary  and  Edmonton 2,176,000 

Canadian  ISTorthern 9,907,200 

Canadian  Pacific 19,816,010 

Great  North-West  Central 320,000 

Manitoba  and  Xorth-Western 2,752,000 

Manitoba  and  South-Western 1,396,800 

Qu'Appelle,  Bono-  Lake  &  Saskatchewan  1,625,344 

Red  River  Valley .352,000 

Of  these  roads  only  four  are  entirely  within  the  Territories, 
tliose,  namely,  of  the  Alberta  Railway  and  Coal  Company, 


PIONEEE    LEGISLATION  118!) 

the  Calgary  and  Edmonton  Railway  Company,  the  Qu'- 
Appelle,  Long'  Lake  and  Saskatchewan  Company,  and  the 
Red  Deer  Valley  Company,  and  the  lands  granted  lie  with- 
in the  area  of  the  proposed  Province.  The  other  roads 
named  lie  either  entirely  in  Manitoba  or  partly  within 
both  Manitoba  and  the  Territories.  With  respect  to  three 
of  these  roads,  namely,  the  Great  Xorth-West  Central,  the 
Manitoba  and  ISTorth-Western  and  the  Manitoba  and  Sonth- 
Western,  the  following  is  noted.  The  whole  of  the  line  con- 
strncted  by  the  Great  Xorth-West  Central  is  entirely  with- 
in Manitoba.  An  area  of  708,827  acres  has  been  reserved 
for  this  grant,  of  which  about  703,i)00  acres  are  in  the 
Territories,  and  from  which  the  bnlk  of  the  320,000 
acres  earned  under  the  grant  will  have  to  be  selected,  there 
being  only  some  5,800  acres  of  the  reserve  in  Manitoba. 
An  area  of  Territorial  lands,  equal  to  the  whole  grant  to 
the  Manitoba  and  K^orth- Western  Company,  has  been 
reserved  for  the  purpose  of  that  grant,  though  less  than 
one-fifth  of  the  road  constructed  lies  in  the  Territories. 
The  line  of  the  Manitoba  and  South-Western  Colonisation 
Company  is  entirely  within  Manitoba,  but  an  area  in  the 
Territories  of  about  681,000  acres  has  been  reserved  for 
the  grant  on  account  of  this  road.  Of  the  grants  to  the 
Canadian  Pacific  Railway  Company  the  balance  of  that 
on  account  of  the  construction  of  the  main  line  (18,206,- 
986  acres)  is  the  most  important.  As  it  will  be  shown, 
only  some  2,500,000  acres  have  been  selected  outside  the 
Territories,  the  balance  being  within  the  Territories.  The 
Canadian  Pacific  Railway  Company  has  been  granted  lands 
in  aid  of  its  Deloraine  and  ISTapinka,  Glenboro  and  Souris, 
Kemnay  and  Estevan.  and  Pipestone  branches  amounting 
in  all  to  1,609,024  acres.  A  reserve  approximating  1,900,- 
000,  acres  in  the  Battleford  district  of  the  North-West  Ter- 
ritories of  Canada,  several  hundred  miles  from  the  location 
of  these  branch  railways,  has  been  made  for  the  purposes 
of  these  grants,  though  only  about  one-half  of  the  Kemnay 
and  Estevan  branch  is  within  the  Territories,  the  Pipe- 
stone branch  has  just  entered  the  Territories,  the  balance 
of  these  two  roads  together  with  the  w^hole  of  the  other  two 
named  being  entirely  without  the  Territories  in  the  Pro- 
vince of  Manitoba. 

The  case  of  the  Canadian  I^orthern  Railway  Company 
may  be  mentioned  also,  as  it  is  extremely  probable  that  a 


1190  CANADIAN    AKCHIVES 

very  considerable  part  of  the  grants  to  that  company,  which 
aggregate  nearly  10,000,000  acres  will,  when  located,  he 
taken  from  Territorial  lands,  though  those  portions  of  the 
company's  system  for  which  the  grants  have  been  made  lies 
entirely  outside  of  the  Territories. 

These  railways  have  been  aided  by  the  Dominion  on  the 
ground  that  their  construction  was  a  benefit  to  Canada,  and 
the  policy  followed  in  Manitoba  and  the  North-West  Ter- 
ritories is  in  remarkable  contrast  to  that  adopted  by  the 
Dominion  in  all  other  parts  of  Canada.  Published  Govern- 
ment statistics  show  that  the  Dominion  Government  has 
granted  aid  to  railways  constructed  and  under  construction, 
up  to  June  30,  1900,  by  way  of  loans  and  bonuses  a  sum 
of  $166,009,303.  The  people  of  the  Territories,  man  for 
man,  bear  an  equal  proportion  of  the  cost  to  the  Dominion 
of  such  expenditures.  There  are  some  ninety  railway 
enterprises,  each  wholly  within  its  own  Province,  which 
have  been  granted  cash  subsidies  at  the  charge  (it  is  again 
repeated)  of  the  people  of  the  Territories  equally  with  those 
of  other  parts  of  Canada,  but  in  the  Territories,  railways 
constructed  as  much  in  the  interests  of  Canada  as  any  one 
of  the  ninety  referred  to  above,  are  subsidised  entirely  at 
the  cost  of  the  public  domain  within  the  Province,  notwith- 
standing the  fact  that  some  of  the  roads  so  subsidised  will 
not  benefit  the  Province  in  any  form  or  shape.  The  prin- 
ciple being  once  conceded,  it  must  be  admitted  that  if  one 
is,  all  railways  constructed  are  for  the  benefit  of  Canada, 
whether  it  bie  the  Canadian  Pacific  system  with  its  six 
thousand  and  odd  miles  of  track  or  the  Phillipsbure:  Junc- 
tion road,  two-thirds  of  a  mile  in  length.  Canada  should 
therefore  bear  the  cost  of  the  grants  made  by  the  Dominion 
and  the  Bill  seeks  to  provide  an  equitable  arrangement  for 
transferring  the  burden  of  these  and  other  similar  grants 
from  the  Territories  to  tbe  Dominion,  so  that  the  people 
of  the  Province  will  not  be  dealt  with  in  these  respects 
otherwise  than  are  the  people  of  the  Provinces  of  Ontario. 
Quebec,  l^ew  Brunswick,  ISTova  Scotia,  Prince  Edward 
Island  and  British  Columbia. 

In  addition  to  the  matters  dealt  with  in  the  foregoing  draft 
Bill,  I  have  also  to  direct  your  attention  to,  and  to  press  for  the 
removal  by  ancillary  legislation  of,  the  exemption  from  taxa- 
tion granted  to  the  Canadian  Pacific  Bailway  Company  under 


PIONEER    LEGISLATION  1191 

clause  16  of  the  scliediile  to  Chapter  1  of  the  Dominion  Statutes 
of  1881.  The  exemption  as  is  well  known  is  two-fold.  First, 
that  in  the  words — "  The  Canadian  Pacific  railway,  and  all 
"  stations  and  station  grounds,  workshops,  buildings,  yards  and 
"  other  property,  rolling  stock  and  appurtenances  required  and 
"  used  for  the  construction  and  working  thereof  and  the  capital 
"  stock  of  the  company,  shall  be  forever  free  from  taxation  by 
'•  the  Dominion,  or  by  any  Province  to  be  hereafter  established, 
''or  by  any  municipal  corporation  therein;  "  and.  Second,  in 
that  part  of  the  clause  which  reads — "  and  the  lands  of  the 
''  company  in  the  ]^orth-West  Territories,  until  they  are  either 
''  sold  or  occupied,  shall  also  be  free  from  such  taxation  for 
''  twenty  years  after  the  grant  thereof  from  the  Crown.  The 
effect  of  these  exemptions  is  to  prohibit  any  Province  which  may 
be  established — or  any  municipal  corporation  therein — from 
requiring  the  Canadian  Pacific  Railway  Company  to  assist  in 
the  "  administration  "  of  the  country  or  the  maintenance  of 
*'  peace,  order  and  good  government  "  within  its  bounds  with 
respect  to  a  part  of  its  property  forever  and  with  respect  to 
another  part  for  a  limited  period  of  time.  This  exemption 
falls  hardly  upon  the  people  of  the  INTorth-West  Territories  in 
a  number  of  ways.  The  nature  of  the  land  grant  to  the  com- 
pany, in  that  it  is  spread  over  the  whole  country  in  small  blocks 
of  one  square  alternating  Avith  those  open  for  homesteads, 
causes  every  dollar  spent  by  a  settler  in  the  improve- 
ment of  his  homestead,  where  it  lies  within  the  dis- 
tricts reserved  for  the  selection  of  the  land  granted 
on  account  of  the  construction  of  the  Canadian  Paci- 
fic Railway,  to  enhance  the  value  of  the  lands  held 
for  the  company  in  its  neighbourhood.  All  public  expendi- 
tures made  in  such  districts  for  roads,  bridges  and  other  works 
of  a  similar  description  improve  the  value  of  the  lands  still 
held  by  the  company  under  its  main  line  grant,  the  company 
contributing  nothing  on  account  of  such  lands  towards  the  cost 
of  the  works  by  reason  of  which  they  are  benefited. 

An  examination  of  the  terms  of  the  fjrant  to  the  Canadian 
Pacific  Railway  Company  shows  that  the  exemption  will  bear 
with  particular  stress  upon  any  Province  established  within 
the  area  referred  to  in  the  draft  Bill.  The  paragraph  lettered 
(a)  of  clause  9  in  the  schedule  to  the  1881  Canadian  Pacific 
Railway  Act  (chapter  1  of  the  Statutes  of  that  year)  reads — 

(a) The  said  subsidy  in  money  is  hereby  divided  and  appro- 
priated as  follows,  namely — 


1192  CANADIAN    AECHIVES 

CENTRAL   SECTION. 

Assumed  at  1,350  miles — 

1st  — 900  miles  at  $10,000  per  mile..   $9,000,000 

2nd— 450  "         13,333       "        .  .      6,000,000 

$15,000,000 

EASTERN  SECTION. 

Assumed  at  650  miles,  subsidy  equal 

to  $15,384.61  per  mile $25,000,000 


$25,000,000 
"  And  the  said  subsidy  in  land  is  hereby  divided  and  appro- 
priated as  follows,  subject  to  the  reserve  hereinafter  provided 
for— 


CENTRAL   SECTION. 


Ist — 900   miles   at   12,500   acres  per 

mile $11,250,000 

2nd — 450  miles  at  10, 666-66  acres  per 

mile 7,500,000 

• $18,750,000 


EASTERN  SECTION. 


Assumed  at  650  miles,  subsidy  equal 

to  9,615  acres  per  mile. •  $^,250,000 


25,000,000 


The  original  land  grant  of  25,000,000  acres  has  been 
reduced  by  6,793,041  acres  at  a  cost  to  Canada  of  $10,189,521, 
thus  leaving  the  company  to  receive  18,206,986  acres.  In 
other  words,  the  amount  of  that  apportionment  of  the  land 
giant  on  account  of  the  construction  of  the  "Eastern  Sec- 
tion " — or  that  part  of  the  railway  between  Callander  and  a 
point  east  of  Red  Eiver  to  which  the  road  had  been  constructed 
from  Selkirk  by  the  Government,  all  of  which  lies  in  the  Pro- 
vince of  Ontario — ^has  been  exchanged  for  cash,  at  the  cost  of 
the  people  of  the  Territories  equally  with  those  of  every  other 
part  of  Canada.  Of  the  balance  of  the  land  grant,  the  com- 
pany has  selected  some  2,500,000  acres  within  the  Province  of 
Manitoba,  leaving  the  balance  to  be  selected  from  the  lands 
within  the  l^orth-West  Territories  out  of  the  extensive  areas 


I'lONEEE    LEGISLATIOX  1103 

reserved  for  that  purpose.  This  particular  grant  is  that  made 
on  account  of  the  construction  of  the  "  Central  Section '"  of  the 
railway,  namely,  that  from  Selkirk  to  Kamloops,  which  has 
been  definitely  ascertained  to  be  a  distance  of  1,250  miles. 
This  distance  is  divisible  as  follows — ^Manitoba,  220  miles; 
Xorth-West  Territories,  760  miles;  British  Columbia,  270 
miles.  It  is  therefore  apparent  that  a  proportionate  area, 
based  upon  the  mileage  through  the  Province  at  the  rate  granted 
per  mile  through  the  prairie  portion  of  the  Central  Section  (220 
miles  at  12,500  acres  per  mile,  being  2,750,000  acres)  has  not 
been  taken  from  Manitoba  lands,  and  that  in  addition  to  this 
shortage  of  250,000  acres  the  whole  of  the  grant  earned  by 
construction  through  British  Columbia  (at  the  mountain  rate 
of  l(i,QQQ-Q6  acres  per  mile)  is  being  made  out  of  the  lands 
of  the  Territories.  Even  if,  under  any  process  of  reasoning, 
the  exemption  clause  can  be  justified  as  regards  the  construc- 
tion of  the  railway  through  the  Territories,  it  is  not  thought 
that  the  Territories  can  in  equitv  be  required  to  bear  this  extra 
burden  on  account  of  the  construction  of  the  railway  through 
the  Provinces  of  Manitoba  and  British  Columbia.  If  they 
are  so  required,  the  people  of  the  Territories,  who  are  indivi- 
dually contributing  equally  to  the  cost  to  Canada  of  the  interest 
upon  the  debt  created  by  the  payment  of  the  original  bonus  of 
$25,000,000,  the  payment  of  $10,189,321  for  the  repurchase 
of  the  land  grant  on  account  of  the  Eastern,  or  Ontario,  section 
of  the  railway,  together  with  the  annual  payment  of  $100,000 
to  British  Columbia  for  the  lands  conveyed  to  Canada  under 
the  terms  of  the  Imperial  Order  in  Council  of  May  16,  1871. 
"  to  aid  in  the  construction  of  the  railway,"  will  be  also  liable 
to  bear  whatever  the  exemption  from  taxation  under  the  Cana- 
dian Pacific  Railway  Act  of  1881  may  mean.  By  tlie  terms 
of  that  Act  the  Province  to  be  established — or  any  muuicipal 
corporation  therein — will  be  ])rohibited;  from  taxing  tlie  com- 
pany or  its  property  in  any  manner  or  for  any  reason.  Unless 
invidious  comparisons  are  made  between  the  Canadian  Pacific 
and  other  railway  companies  this  will  mean  the  involuntary 
relinquishment  of  recourse  to  that  avenue  of  revenue  as  no 
competing  company  Avill  be  liable  to  expend  the  necessarily 
vast  sums  of  money  required  unless  it  has  prospects  of  obtain- 
ing similar  exemption  from  taxation  at  the  hands  of  the  Pro- 
vince. 

The    necessity    for    this    extraordinary    burden    upon    the 
people  of  the  West  is  not  obvious.      Ample  evidence  exists  to 


1194  CANADIAN  ARCHIVES 

show  that  the  railway  was  not  in  any  sense  built  for  the  benefit 
of  the  JSTorth-West.  In  1865^  the  Honourable  George  Brown 
voiced  the  opinion  of  the  Government  of  the  day  when  he  stated 
irj  his  place  in  the  Parliament  of  Canada  during  the -Con- 
federation debates  that  "  the  Confederation  is,  therefore, 
"'  clearly  committed  to  the  carrying  out  of  both  these  enter- 
prises," his  reference  being  to  the  construction  of  the  Inter- 
colonial railway  and  the  opening  up  of  the  communications 
with  the  JSTorth-Western  Territory.  "  I  doubt/'  he  proceeded  to 
say,  "  if  there  was  a  member  of  the  Conference  who  did  not 
'"  consider  that  the  opening  up  of  the  N'orth-West  and  the 
'*'  improvement  of  our  canal  system  were  not  as  clearly  for  the 
"  advantage  of  the  Lower  Provinces  as  for  the  interests  of 
"  Upper  Canada.  Indeed,  one  gentleman  held  that  the  Lower 
"'  Provinces  were  more  interested — they  wished  to  get  their 
"  products  into  the  West — they  wanted  a  back  country  as 
"  much  as  we  did — they  wanted  to  be  the  carriers  for  that  great 
''  country — and  they  were,  therefore,  to  say  the  least,  as  much 
"  interested  in  these  questions  as  we  were."  But  there  is  no 
need  to  go  back  beyond  the  solemn  compact  entered  into  be- 
tween Canada  and  the  Colony  of  British  Columbia  in  1871. 
The  Imperial  Order  in  Council  of  May  16,  1871,  respecting 
the  province  of  British  Columbia,  sets  forth  as  one  of  the  terms 
and  conditions  upon  which  that  Colony  consented  to  enter  the 
Confederation,  the  undertaking  of  the  Government  of  Canada 
"  to  secure  the  commencement,  simultaneously  within  two 
"  years  from  the  date  of  the  Union,  of  the  construc- 
"  tion  of  a  railway,  from  the  Pacific  toward  the  Rocky  Mourn 
"'  tains,  and  from  such  point  as  may  be  selected  east  of  the 
"  Rocky  Mountains  toward  the  Pacific,  to  connect  the  seaboard 
"  of  British  Columbia  with  the  railway  system  of  Canada ; 
'*  and  further  to  secure  the  completion  of  such  railway  within 
"'  ten  years  from  the  date  of  the  Union."  The  preamble  to 
chapters  71  and  72  of  the  Dominion  Statutes  of  1872  and 
chapter  1  of  the  Statutes  of  1881  all  set  forth  the  fact  in 
various  ways  that  (to  quote  from  the  last  mentionc3d  Act)  "  by 
■'  the  terms  and  conditions  of  the  admission  of  British  Colum- 
"  bia  into  Union  with  the  Dominion  of  Canada,  the  Govern- 
"  ment  of  the  Dominion  has  assumed  the  obligation  of  causing 
*'  a  railway  to  be  constructed  connecting  the  seaboard  of  British 
''  Columbia  with  the  railway  system  of  Canada." 

All  this  being  so,  it  is  difiicult  for  the  people  of  the  ISTorth- 
West  Territories  to  understand  why  they  should  be  called  upon 


PIONEER    LEGISLATIOX  1195 

to  assume  any  otlier  burden  than  that  of  contributing  propor- 
tionately— and  no  more — with  the  people  of  other  parts  of 
Canada  towards  the  cost  of  carrying  out  the  obligations 
assumed  by  Canada  under  the  compact  with  British  Columbia. 
The  exemption  from  taxation  granted  by  The  Canadian  Pacific 
liailway  Act  is  undoubtedly  such  an  added  burden,  and  an 
imposition  upon  the  people  of  the  JSTorth-West  Territories  that 
cannot  be  justified.  For  no  reason  that  is  conceivable,  this 
exemption  bears  with  greater,  stress  upon  the  Territories  than 
it  does  even  upon  Manitoba.  Except  those  lands  selected  by 
the  company  under  its  land  grant  which  lie  in  that  part  of 
Manitoba  added  to  the  original  Province  after  the  contract  of 
1881,  none  of  the  property  of  the  company  is  exempt  from 
taxation  in  Manitoba.  That  Province  todav  is  taxing  the 
company  under  Chapter  57  of  the  Provincial  Acts  of  1890, 

In  view  of  the  foregoing  it  is  submitted  that  Parliament 
should  be  asked  to  take  such  steps  as  may  appear  advisable  in 
order  to  countervail  the  o])eration  of  the  exemption  clause  of 
the  Canadian  Pacific  Railway  contract  within  the  limits  of 
the  Province  to  be  created. 

In  conclusion,  I  would  venture  to  express  the  hope  that  His 
Excellency's  advisers  will,  at  an  early  date,  arrive  at  a  favour- 
able conclusion  to  their  consideration  of  the  subject  matters 
herein  set  forth. 

I  have  the  honour  to  be. 
Sir, 
Yonr  Obedient  Servant, 

F.  W.  G.  HAULTAIX. 


24.  Draft  Bill  for  erecting  the  NorthAYest  Territories  into  a 
Province,  1902. 

Xo.  ]  BILL.  [  1902. 

An  Act  to  Establish  and  Provide  for  the  Government  of  the 
Province  of 

His  Majesty  by  and  with  the  advice  and  consent  of  the 
Senate  and  House  of  Commons  of  Canada,  enacts  as  follows: 

1.  On,  from  and  after  the  first  day  of  January,  1903,  that 
jiortion  of  the  territory  kno^^^l  as  Rupert's  Land  and  the  Xortli- 
Western  Territorv  admitted  into  the  L'^nion  or  Dominion  of 


1196  CANADIAN    ARCHIVES 

Canada  by  Her  Majesty  Queen  Victoria  by  and  with  the  advice 
and  consent  of  Her  Majesty's  Most  Honourable  Privy  Council 
by  Order  bearing  date  the  twenty-third  day  of  June,  1870, 
under  the  authority  of  the  146th  section  of  The  British\N'orth 
America  Act  1867,  described  as  the  Provisional  Districts  of 
Assiniboia,  Saskatchewan  and  Alberta  as  the  said  Districts  are 
defined  by  Orders  of  His  Excellency  the  Governor  General  of 
the  Dominion  of  Canada  made  in  Council  on  the  eighth  day  of 
May,  1882,  and  the  second  day  of  October,  1895,  respectively; 
and  that  portion  of  the  Provisional  District  of  Athabasca,  as 
the  said  District  is  defined  by  Order  of  His  Excellency  the 
Governor  General  of  the  Dominion  of  Canada  made  in  Council 
on  the  eighth  day  of  May,  1882,  and  the  second  day  of  October, 
1895,  respectively,  lying  to  the  south  of  the  fifty-seventh  paral- 
lel of  north  latitude,  shall  be  formed  into  and  be  a  Province 
which  shall  be  one  of  the  Provinces  of  the  Dominion  of 
Canada  and  ^vhich  shall  be  called  the  Province  of 

2.  On,  from  and  after  the  first  day  of  January,  1903,  the 
provisions  of*  The  British  IsTorth  America  Act  1867,  except 
those  parts  thereof  which  are  in  terms  made  or  by  reasonable 
intendment  may  be  held  to  be  specially  applicable  to  or  affect 
only  one  or  more  but  not  the  whole  of  the  Provinces  under  that 
Act  composing  the  Dominion,  and  except  so  far  as  the  same 
may  be  varied  by  this  Act,  shall  be  applicable  to  the  Province 
of  in  the  same  way  and  to  the  same  extent  as 
they  apply  to  the  several  Provinces  of  Canada  and  as  if  the 
Province  of  had  been  one  of  the  Provinces 
originally  united  by  the  said  Act. 

3.  The  said  Province  shall  be  represented  in  the  Senate  of 
Canada  by  four  members  until  it  shall  have  according  to  decen- 
nial census  a  population  of  two  hundred  and  fifty  thousand 
souls  and  from  thenceforth  it  shall  be  represented  therein  by 
five  members  and  thereafter  for  each  additional  increase  in 
population  of  fifty  thousand  souls  according  to  decennial 
census  there  shall  be  an  increase  of  one  member  in  its  repre- 
sentation until  it  is  represented  by  twenty  members. 

4.  The  said  Province  shall  be  represented  in  the  first  in- 
stance in  the  House  of  Commons  of  Canada  by  ten  members 
and  for  that  purpose  shall  be  divided  by  Act  of  Parliament  or 
by  Proclamation  of  the  Governor  General  into  ten  electoral 
districts  each  of  which  shall  be  represented  by  one  member: 
Provided  that  on  the  completion  of  each  decennial  census  here- 
after the  representation  of  the  said  Province  shall  be  readjusted 


PIONEER    L'EGISLATION'  1197 

according  to  the  provisions  of  The  British  j^orth  America  Act 
of  1867. 

5.  The  Executive  Council  of  the  Province  shall  be  com- 
1  osed  of  such  persons  and  under  such  designations  as  the 
Lieutenant  Governor  shall  from  time  to  time  think  fit. 

6.  All  powers,  authorities  and  functions  which  under  any 
law  or  custom  which  were  before  the  coming  into  force  of  this 
Act  vested  in  or  exercisable  by  the  Lieutenant  Governor  of  the 
ISTorth-West  Territories  with  the  advice  or  with  the  advice  and 
consent  of  the  Executive  Council  thereof  or  in  conjunction 
with  that  Council  or  with  any  member  or  members  thereof  or 
by  the  said  Lieutenant  Governor  individually,  shall  as  far  as 
the  same  are  capable  of  being  exercised  after  the  coming  into 
force  of  this  Act  be  vested  in  and  shall  or  may  be  exercised  by 
the  Lieutenant  Governor  of  the  Province  of  with 
the  advice  or  with  the  advice  and  consent  of  or  in  conjunction 
with  the  Executive  Council  or  any  member  or  members  there- 
of or  by  the  Lieutenant  Governor  individually  as  the  case 
requires,  subject  nevertheless  to  be  abolished  or  altered  by  the 
Legislature  of  the  Province. 

7.  I'nless  and  until  the  Executive  Government  of  the  Pro- 
vince otherwise  directs  the  seat  of  Government  of  the  same 
shall  be  at 

8.  There  shall  be  a  Legislature  for  the  Province  consisting 
cf  the  Lieutenant  Governor  and  of  one  House  styled  the  Legis- 
lative Assembly  of 

9.  The  constitution  of  the  Legislature  of  the  oSTorth-West 
Territories  as  it  exists  on  the  first  day  of  January,  1903,  shall 
subject  to  the  provisions  of  this  Act  continue  to  be  the  con- 
stitution of  the  Legislature  of  the  Province  of  until 
altered  under  the  authority  of  this  Act ;  and  the  Legislative 
Assembly  of  the  said  Territories  existing  on  the  said  first  day 
of  January,  1903,  shall  unless  sooner  dissolved  continue  as  the 
Legislative  Assembly  of  the  Province  of 

until  the  completion  of  the  period  for  which  it  was  elected. 

10.  In  and  for  the  Province  the  said  Legislature  may  exclu- 
sively make  laws  in  relation  to  irrigation  and  subject  to  any 
rights  acquired  under  any  Act  of  the  Parliament  of  Canada 
before  the  first  day  of  January,  1903,  the  property  in  and  the 
right  to  the  use  of  all  the  water  at  any  time  in  any  river, 
stream,  watercourse,  lake,  creek,  ravine,  canyon,  lagoon, 
swamp,  marsh  or  other  body  of  water  shall  on,  from  and  after 
the  said  date  belons;  to  and  be  vested  in  the  Province  unless 


1108  CANADIAN  ARCHIVES 

and  until  and  except  only  so  far  as  some  right  of  some  per?on 
therein  or  to  the  use  thereof  inconsistent  with  the  right  of  the 
Crown  and  which  is  not  a  public  right  or  a  right  common  to  the 
public  is  established. 

11.  In  addition  to  all  other  powers  the  Legislative  As- 
sembly of  the  Province  shall  have  the  powers  conferred  on  the 
Legislative  Assembly  of  the  Worth-West  Territories  by  the 
nineteenth  section  of  chapter  twenty-two  of  the  Acts  of  the 
Parliament  of  Canada  passed  in  the  fifty-fourth  and  fifty-fifth 
years  of  the  reign  of  Her  Majesty  Queen  Victoria. 

12.  The  Judges  of  the  Courts  of  the  Province  shall  be 
selected  from  the  bar  of  the  Province  or  from  the  bar  of  some 
other  Province  in  which  the  laws  relative  to  property  and  civil 
rights  and  the  procedure  of  the  Courts  are  the  same  as  in  the 
Province  of 

13.  Except  as  otherwise  provided  by  this  Act  all  laws  in 
force  in  the  North- West  Territories  on  the  first  day  of  January, 
1903,  and  all  courts  of  civil  and  criminal  jurisdiction  and  all 
legal  commissions,  powers  and  authorities  existing  therein  on 
the  said  date  shall  continue  as  if  this  Act  had  not  been  passed, 
subject  nevertheless  (except  with  respect  to  such  as  are  enacted 
by  or  exist  under  Acts  of  the  Parliament  of  Great  Britain  or 
of  the  Parliament  of  the  United.  Kingdom  of  Great  Britain 
and  Ireland)  to  be  repealed,  abolished  or  altered  by  the  Parlia- 
ment of  Canada,  or  by  the  Legislature  of  the  Province  accord- 
ing to  the  authority  of  the  Parliament  or  of  the  Legislature 
under  this  Act. 

14.  All  public  officers  and  functionaries,  judicial,  admin- 
istrative and  ministerial,  holding  office  in  the  ISTorth-West  Ter- 
ritories on  the  first  day  of  January,  1903,  s'/iall  continue  to 
hold  such  office  in  the  Province  of  with  the 
same  duties  and  powers  as  before  until  otherwise  ordered  by 
the  Governor  General  of  Canada  or  the  Lieutenant  Governor 
of  the  Province  according  to  the  authority  of  the  Governor  Gen- 
eral or  the  Lieutenant  Governor  under  this  Act. 

15.  Until  altered  by  the  Lieutenant  Governor  in  Council 
the  Seal  of  the  Xorth-West  Territories  shall  be  the  Great  Seal 
of  the  Province  of 

16.  The  penitentiary  situate  in  the  Province  of  Manitoba 
shall  until  the  Parliament  of  Canada  otherwise  provides  be  the 
penitentiary  for  the  Province  of 

17.  Nothing  in  this  Act  shall  in  any  way  prejudice  or  affect 
the  rights  or  properties  of  the  Hudson's  Bay  Company  as  con- 


PIOXEER    LEGISLATION  1199 

tained  in  the  conditions  under  which  that  company  surrender- 
ed Rupert's  Land  to  Her  Majesty  Queen  Victoria,  and  all 
rights,  privileges  and  properties  conferred  on  Canada  by  the 
said  conditions  shall  in  so  far  as  they  relate  to  matters  within 
the  legislative  authority  of  the  Province  belong  to  and  be  vested 
in  the  Province. 

18.  All  lands  belonging  to  the  Crown  situate  in  the  Pro- 
vince of  other  than  lands  reserved  by  Statute  or 
Order  in  Council  for  the  use  of  Indians  or  for  and  earned  by 
any  person  or  corporation  and  lands  entered  for  homestead  or 
pre-emption  but  not  granted  and  all  sums  due  and  payable  on 
the  first  day  of  January,  1903,  for  such  lands  shall  belong  to 
the  Province. 

19.  All  mines,  minerals,  timber  and  royalties  belonging  to 
the  Crown  situate,  being  or  arising  in  the  Province  of 

and  all  sums  due  and  payable  on  the  first  day  of  January,  1903, 
for  such  mines,  minerals,  timber  or  royalties  shall  belong  to  the 
Province. 

20.  The  Province  shall  receive  and  retain  all  the  public 
property  of  the  l^orth-West  Territories  not  otherwise  disposed 
of  in  this  Act. 

21.  All  buildings  in  the  ]!Torth-West  Territories  belonging 
to  Canada  used  or  intended  for  court  houses,  jails  and  land- 
titles  offices  and  for  residence  and  offices  of  the  Lieutenant 
Governor  and  Government  of  the  jSTorth-West  Territories  to- 
gether with  all  appurtenances  connected  therewith  and  all 
moneys  the  proceeds  from  the  sale  or  leasing  of  school  lands  in 
the  ISTorth-West  Territories  and  all  moneys  forming  the  assur- 
ance fund  under  the  provisions  of  the  Territorial  Real  Pro- 
perty Act  and  the  Land  Titles  Act  1894  shall  be  the  property 
( i-  the  Province  of 

22.  The  following  amounts  shall  be  allowed  and  paid  by 
Canada  by  half  yearly  payments  in  advance  as  an  annual  sub- 
sidy to  the  Province,  that  is  to  say: 

(a)  For  the  support  of  the  Government  and  Legislature, 
fifty  thousand  dollars. 

(6)  On  an  estimated  population  of  two  hundred  and  fifty 
thousand  at  eighty  cents  per  head,  two  hundred  thous- 
and dollars,  subject  to  be  increased  as  hereinafter 
mentioned,  that  is  to  say: — A  census  of  the  Province 
shall  be  taken  in  every  fifth  year  reckoning  from  the 
general  decennial  census  of  one  thousand  nine  hundred 


1200  CANADIAN  ARCHIVES 

and  one  and  an  approximate  estimate  of  the  popula- 
tion shall  be  made  at  equal  intervals  of  time  between 
such  quinquennial  census  and  such  decennial  census ; 
and  whenever  the  population  by  any  such  census  or 
estimate  exceeds  two  hundred  and  fifty  thousand  which 
shall  be  the  minimum  on  which  the  siid  allowance 
shall  be  calculated  the  amount  of  the  said  allowance 
shall  be  increased  in  accordance  therewith  until  the 
population  reaches  one  million  three  hundred  and 
ninety-six  thou^^and  and  ninety-one,  after  which  there 
shall  he  no  further  increase. 

23.  The  Province  shall  be  entitled  to  be  paid  and  to  receive 
from  the  Government  of  Canada  by  half  yearly  ])ayinents  in  ad- 
vance interest  at  the  rate  of  five  per  cent,  per  annum  on  the  ex- 
cess over  the  sum  of  of  a  sum  to  be 
ascertained  by  multiplying  the  population  of  the  Province  by 
32.46  and  for  the  purpose  of  this  section  the  population  of  the 
Province  shall  until  after  the  next  decennial  census  be  deemed 
to  be  two  hundred  and  fifty  thousand:  Provided  that  immedi- 
ately after  the  census  of  there  shall  be  a  read- 
justment nnder  this  section  on  the  basis  of  the  poj-)ulation  as 
ascertained  by  such  census. 

2-i.  The  Province  shall  be  entitled  to  receive  by  half  yearly 
payments  in  advance  from  the  Government  of  Canada  interest 
.  at  five  per  cent,  per  annum  on  the  sum  of  one  dollar  per  acre 
for  each  acre  of  land  in  the  Province  granted  by  the  Dominion 
otherwise  than  for  homesteads  or  pre-emptions  under  the  pro- 
visions of  the  Dominion  Lands  Act  or  in  settlement  of  half- 
breed  claims. 


15  Letter  from  Eon    A.   L.    Sifton   to   Sir    AYilfrid   Laiirier, 

Jan.  11,  1902. 

PtEGiNA,  January  11,  1902. 

The  Right  Hon.  Sir  Wilfrid  Laurier,  K.C.M.G., 
President  of  the  Council, 
Ottawa. 

My  Dear  Sir  Wilfrid, — T    am   forwarding   you   by   this 
mail  fifteen  printed  copies  of  Mr.  Haultain's  letter  sent  vou  in 


PIONEER    LEGISLATION  1201 

December,  as  being  more  convenient  for  tlie  use  of  the  different 
Members  of  the  Cabinet,  in  considering  the  question. 

Wishing  you  the  compliments  of  the  season, 
I  am,  yours  truly, 

AKTHUR  L.  SIFTOE^. 


16.  Letter  from  Rodolphe   Botidreau   to  Hon.   A.   L.   Sifton, 

Jan.  22,  1902. 

Arthur  L.  Sifton,  Esqre.,        Ottawa,  January  22,  1902. 
Office  of  the  Executive  Council, 
Regina,  Assa. 

Dear  Sir, — I  have  the  honour,  by  direction  of  the  Prime 
Minister,  to  acknowledge  the  receipt  of  your  favour  of  January 
11th,  and  of  the  copies  of  Mr  Haultain's  letter,  and  to  state 
that  due  consideration  will  be  given  thereto. 
I  have  the  honour  to  be, 
Yours  very  sincerely, 

RODOLPHE  BOUDREAU. 

Private  Secretary. 

17  .Telegrajm  from  Premier  Hanltain  to  8ir  Wilfrid  Laurier, 

Mar.  15,  1902. 

Right  Hon,  Sir  Wilfrid  Laurier,      Regina,  March  15,  1902. 
Ottawa. 

Legislature  opens  Thursday.  Important  that  we  should 
know  nature  of  reply  to  letter  of  December  Y  for  reference  in 
speech.     Will  you  kindly  have  summary  wired  if  possible. 

F.  W.  G.  HAULTAIN. 


18  .Telegt^m  from  Sir  Wilfrid  Laurier  to  Premier  Haultain, 

Mar.  18,  1902. 


Hon.  F.  W.  G.  Haultain,  Ottawa,  March  18,  1902. 

Regina. 

No  answer  can  be  sent  until  return  of  Minister  of  Interior, 

WILFRID  LAURIER. 


who  is  absent  through  illness 


28159—76 


1202  CANADIAN  AKCHIVES 

19.  Letter  from  the  Minister  of  the  Interior  to  Premier  Haul- 
tain,  March  27,  1902. 

Hon.  F.  W.  G.  Haultain,  Ottawa,  March  27,  1902. 

Regina,  xA-Ssa. 

Dear  Mr.  Haultain, — Absence  from  Ottawa  due  to  ill 
health  has  prevented  me  from  communicatino'  with  yoii  on  the 
subjects  discussed  by  you  and  your  colleague  when  here  re- 
jecting the  financial  and  constitutional  status  of  the  ISTorth- 
West  Territories.  I  persume,  however,  that  you  would  have 
gathered  our  views  from  the  expressions  of  opinion  which  took 
place  during  our  interviews,  and  our  conclusions  will  not,  there- 
lire,  I  trust  come  in  the  way  of  a  surprise. 

It  is  the  view  of  the  Government  that  it  will  not  be  wise  at 
the  present  time  to  pass  legislation  forming  the  North-West 
Territories  into  a  Province  or  Provinces.  Some  of  the  reasons 
leading  to  this  view  may  be  found  in  the  fact  that  the  popula- 
tion of  the  Territories  is  yet  sparse ;  that  the  rapid  increase  in 
population  now  taking  place  will  in  a  short  time  alter  the  con- 
ditions to  be  dealt  with  very  materially ;  and  that  there  is  a 
considerable  divergence  of  opinion  respecting  the  question 
whether  there  should  be  one  province  only  or  more  than  one 
province.  Holding  this  view,  therefore,  it  will  not  be  neces- 
sary for  me  to  discuss  the  details  of  the  draft  bill  which  you 
presented  as  embodying  your  views. 

Respecting  the  present  financial  requirements,  the  question 
of  an  increase  in  your  subsidy  is  now  receiving  consideration, 
but  the  result  cannot,  as  you  are  aware,  be  communicated  until 
the  estimates  are  brought  before  Parliament.  This  I  have 
every  reason  to  hope  will  take  place  in  a  very  short  time. 
Believe  me,  dear  Mr.  Haultain, 
Yours  very  truly, 

CLIFFORD  SIFTOE^. 


20. Letter  from  Premier  Haultain  to  the  Minister  of  the  In- 
terior, April  2,  1902. 

Hon. Clifford  Sifton,  Regina,  April  2,  1902. 

Minister  of  the  Interior, 
Ottawa,  Ont. 

Dear  Mr.  Sifton, — I  beg  to  acknowledge  the  receipt  of 
your  letter  of  the  27th  of  March,  conveying  the  decision  of  the 


PIONEEE    LEGISLATION  1203 

Government  with  regard  to  the  financial  and.  constitutional 
questions  which  have  been  tJie  subject  of  discussion  during  the 
past  year  and  a  half.  So  far  from  your  conclusions  not  coming 
as  a  surprise  as  you  suggest,  I  must  say  quite  frankly  that  the 
decision  of  the  Government  has  come  not  only  as  a  surprise^ 
but  as  a  deep  disappointment  as  Avell.  In  your  letter  of  the 
21st  of  Marchj  1901,  you  say: 

"I  may  say  that  I  realize  Very  fully  the  difficulties  of  the 
"position  in  which  the  Government  and  the  Legislative  Assem- 
"bly  of  the  ISTorth-West  Territories  is  placed,  and  I  admit  that 
''there  is  very  much  in  the  suggestions  which  are  made  in  your 
''letter  and  in  the  memorial  regarding  the  necessity  of  a  change 
''in  the  constitutional  and  financial  position  of  the  Territories. 

''Without  at  the  present  moment  committing  myself  to  any 
"positive  statement  I  am  prepared  to  say  that  the  time  has  ar- 
"rived  when  the  question  of  organising  the  Territories  on  the 
"Provincial  basis  ought  to  be  the  subject  of  full  consideration. 
"It  would  appear  to  me  that  the  better  way  of  bringing  the  mat- 
"ter  to  a  more  definite  position  would  be  to  arrange  for  a  con- 
"ference  upon  the  subject  between  the  representatives  of  your 
"Government  and  a  Committee  of  Council  representing  the 
"Federal  Government." 

Again  on  the  fifth  of  April,  1901,  you  write: — 

"The  latter  portion  of  the  Session  of  Parliament  here  finds 
"all  the  Members  of  the  Government  extremely  busy,  and  it 
''would  be  hopeless  to  expect  from  them  that  mature  and  careful 
"consideration  of  the  various  and  important  subjects  which 
"will  require  to  be  debated  and  settled  in  connection  with  the 
'•'establishment  of  the  Territories  as  a  Province  or  upon  a  Pro- 
"vincial  basis.  I  think  I  shall  therefore  be  compelled  to  ask 
'*you  to  defer  the  discussion  until  after  Parliament  has  proro- 
"ffued." 


ft' 


These  opinions  and  the  long  delay  that  followed,  in  order 
to  choose  a  convenient  time  for  that  "mature  and  careful  con- 
sideration of  the  various  and  important  subjects  which  will 
require  to  be  debated  and  settled  in  connection  with  the  es- 
tablishment of  the  Territories  as  a  Province  or  upon  a  Pro- 
vincial basis,"  led  us  to  suppose  that  when  the  subject  was 
finally  taken  up  it  would  be  taken  up  with  a  view  to  immediate 
settlement.     The  written  statements,  which  have  been  made  bv 

28159— 76J 


1204  CANADIAN    AKCHIVES 

me,  must  have  proved  conclusively  that  the  necessity  for  the 
change  vjas  a  pressing  one  and  that  we  had  arrived  at  a  point 
when  our  constitutional  and  financial  position  was  not  ade- 
quate to  the  proper  performance  of  the  duties  devolving  upon 
us.  Recognising  this  state  of  affairs  we  have  gone  to  the  Do- 
minion Government  and  have  said :  "If  you  cannot  or  will  not 
deal  with  the  questions  which  have  arisen  in  the  Territories 
give  us  the  powers  and  the  income  which  w^ould  justly  accom- 
pany those  powers  and  allow  us  to  work  out  our  own  salvation." 
-To  this  you  answer:  "That  it  is  the  view  of  the  Government 
"that  it  will  not  be  wise  at  the  present  time  to  pass  legislation 
"forming  the  I^orth-West  Territories  into  a  Province  or  Pro- 
"vinces."  One  of  the  reason  given  for  this  position  is:  "That 
the  population  of  the  Territories  is  sparse."  I  might  point  out 
that  we  have  at  least  ten  times  the  population  of  Manitoba  when 
it  was  erected  into  a  Province,  and  a  larger  population  than 
that  Province  had  so  lately  as  1891 ;  a  considerably  larger  popu- 
lation than  the  Province  of  Prince  Edw^ard  Island,  and  with 
the  immigration  of  the  present  season  a  considerably  larger 
population  than  the  Province  of  British  Columbia  according  to 
the  late  census.  Another  reason  advanced  is :  "  That  the  rapid 
"increase  in  population  now  taking  place  will  in  a  short  time 
"alter  the  conditions  to  be  dealt  with  very  materially."  This 
rapid  increase  in  population  is  one  of  the  principal  reasons 
why  we  are  asking  to  be  formed  into  a  Province,  in  order  that 
we  may  be  able  to  deal  with  the  new  conditions' that  it  brings 
about.  The  longer  it  goes  on  without  the  change  the  more  ag- 
gravated the  present  difficulties  will  become. 

With  regard  to  the  divergence  of  opinion  as  to  one  or  more 
Pronvinces,  I  might  say  that  that  is  a  difficulty  which  will  al- 
ways exist,  and  which  any  postponement  of  action  will  not  re- 
move. 

I  must  also  say  on  behalf  of  the  North- West  Government 
that  after  having  been  asked  to  meet  a  subcommittee  of  the 
Privy  Council  and  to  state  our  case  not  only  verbally  but  in 
writing,  it  is  extremely  unsatisfactory  that  the  Government 
has  come  to  the  conclusion:  "That  it  will  not  be  necessary  to 
discuss  the  details  of  the  draft  bill  which  embodied  our  views." 
This  is  a  conclusion  to  the  negotiations  which  have  been  held 
which  we  could  hardly  have  expected  considering  the  impor- 
tance of  tthe  subject  discussed  and  the  formal  manner  in  which 
the  discussion  has  taken  place. 


PIONEEE    LEGISLATION  1205 

We  cannot  but  regret  that  the  Government  has  not  been  able 
to  recognise  the  urgent  necessity  for  the  change  that  has  been 
asked  and  can  only  trust  that  as  you  have  denied  uis  the  oppor- 
tunity of  helping  ourselves  you  will  be  at  least  impressed  with 
the  necessity  and  the  duty,  which  is  now  yours,  of  meeting  the 
pressing  necessities  of  these  rapidly  developing  Territories. 
While  we  may,  in  your  opinion,  without  inconvenience  mark 
time  constitutionally,  we  cannot  do  without  the  transportation 
facilities,  the  roads,  the  bridges,  the  schools  and  the  other  im- 
provements which  our  rapidly  growing  population  imperative- 
ly requires,  and  at  once.  Whether  we  are  made  into  a  Province 
or  not,  our  financial  necessities  are  just  as  real,  and  in  conclu- 
sion I  can  only  trust  that  when  the  question  of  an  increase  to 
our  subsidy  is  receiving  consideration,  more  weight  will  be 
given  to  our  representations  in  that  respect  than  has  been 
given  to  our  requests  for  constitutional  changes. 

I  am.  yours  faithfully, 

F.  AV.  G.  HAULTAIN". 


21.  Letter  from  Premier  Haultain  to  the  Minister  of  the  Inter- 
ior, Jan.  SI,  1903. 

Executive  Council^ 

Regina,  January  31,  1903. 
Hon.  Cliefoed  vSjfton, 

Minister  of  the  Interior, 
Ottawa,  Ont. 

Dear  Mr.  Sifton. — At  various  times  during  the  past 
■V  car  whilst  I  was  in  England  one  or  other  of  my  colleagues  in 
the  Territorial  Government  di<cu-=ed  Territorial  questions  with 
you  and  on  my  return  I  met  you  in  Ottawa  with  Mr.  A.  L. 
Sifton  for  the  same  purpose.  More  recently  I  had  an  oppor- 
tunity of  discussing  these  questions  at  some  length  with  you  in 
Regina,  and  I  have  also  read  a  report  of  a  speech  made  by  you 
here  in  which  you  gave  expression  to  your  views  upon  the  same 
subjects.  As  Parliament  will  be  meeting  at  an  early  date,  I 
think  it  will  bring  these  matters  to  a  definite  issue. 

I  agree  to  the  fullest  extent  with  all  that  has  been — or  can 
be — said  respecting  the  advantage  to  the  Territories  to  be  gain- 
ed by  tbe  introduction  into  the  Dominion  Government  of  a 


1206  CANADIAN  ARCHIVES 

gentleman  so  well  versed  in  all  our  affairs  as  is  my  friend  Mr. 
Ross,  to  wliom  it  is  generally  understood,  your  references  in 
that  connection  are  made,  as  your  united  influence  should  have 
a  marked  and  beneficial  effect  upon  the  destinies  of  this  part  of 
Canada.  I  must,  however,  say  that  I  have  heard  and  read 
with  great  concern  your  opinion  to  the  effect  that  it  is  desirable 
to  postpone  action  upon  the  Memorial  of  the  Legislative  Assem- 
lly  of  May  2,  1900,  and  the  claims  of  the  Territories  founded 
thereon.  The  necessities  are  so  urgent  and  the  movement  in 
favour  of  Provincial  Institutions  is  so  unanimous,  that  I  should 
like,  if  possible,  to  convey  to  your  mind  an  adequate  apprecia- 
tion of  the  significance  of  the  movement  and  of  the  unfortunate 
effect  which  its  neglect  or  repression  will  have  upon  the  Korth- 
West.  You  are  reported  in  The  Regina  Leader  of  the  twenty- 
second  instant,  as  having  stated  in  a  meeting  of  your  friends 
here  that: — 

a  very  cursory  and  elementary  discussion  and  consideration 

of  the  subject  would  show  that  there  were  a  great  many  difficulties,  a  great 
many  important  questions,  to  be  dealt  with  wlien  the  soibjeot  is  before  the 
Federal  Parliament.  ...  It  was  not  a  very  vital  point  whether  the 
Territories  were  formed  into  a  Province  this  year  or  next  year ;  but  it 
was  vital  as  to  what  the  terms  were  on  which  the  constitution  was  framed. 

Further  on  in  the  report  it  is  stated  that  you  said  that  you — 

had  impressed  upon  Mr.  Haultain  that  what  was  of  import- 
ance was  that  when  the  terms  were  settled  they  should  commend  them- 
selves to  the  great  majority  of  the  people,  and  that  the  terms  should  be 
loyally  supported,  and  not  lead  to  agitation  year  after  year  for  other  terms. 

Whilst  what  you  say  respecting  terms  is  very  true,  I  can- 
not agree  with  what  you  are  reported  as  having  said  respecting 
the  time  at  which  provincial  institutions  should  be  introduced 
into  this  section  of  the  Dominion.  Time — an  early  time,  the 
earliest  time —  is  of  the  essence  of  this  contract,  and  it  is  our 
opinion  that  the  best  time  is  the  present.  Without  entering  into 
any  further  argument  on  that  point  here,  I  must  say  that  it  does 
not  seem  to  me  that  sufficient  justification  for  postponing  the 
consideration  and  settlement  of  the  questions  involved  in  the 
Provincial  question — which  would  appear  to  be  the  present 
general  attitude  of  the  Federal  Government — ^has  been  estab- 
lisbed.  I  have  before  me  your  letter  of  March  27,  1902,  in 
which  it  is  stated  that — 

It  is  the  view  of  the  (Dominion)  Government  that  it  will  not  be  wise 
at  the  present  time  to  pass  legislation  forming  the  North-West  Territories 
into  a  Province  or  Provinces. 


PIONEER    LEGISLATION  1207 

Your  letter  goes  on  to  say : 

Some  of  the  reasons  leading  to  this  view  may  be  found  in  the  fact  that 
the  population  of  the  Territories  is  yet  sparse;  that  the  rapid  increase  in 
population  now  taking:  place  will  in  a  short  time  alter  the  conditions  to 
be  dealt  with  very  materially;  and  that  there  is  a  considerable  divergence 
of  opinion  respecting  the  question  whether  there  should  be  one  Province 
only  Or  more  than  one  Province. 

Upon  these  grounds  you  stated  last  year,  as  the  opinion  of 
the  Dominion  Government,  that  you  did  not  deem  ft  nece-ssary 
to  discuss  the  details  of  the  draft  bill  presented  by  me  as  em- 
bodying the  views  of  the  Government  of  the  Territories  upon 
this  subject.  I  presume  that  it  is  not  necessary  for  me  to 
elaborate  an  argument  to  you  in  support  of  our  main  theme 
that  the  time  is  ripe  for  a  change  in  the  constitutional  position 
of  the  Territories.  Just  one  year  before  writing  the  letter 
quoted  above,  and  nearly  two  years  before  the  present  time  of 
writing,  you  informed  me,  in  a  letter  dated  at  Ottawa  on  March 
21,  1901,  that  you  realised — 

very  fully  the  difficulties  of  the  position  in  which  the  Gov- 
ernment and  Legislative  Assembly  of  the  North-West  Territories  is  placed. 

and  you  admitted  then — 

that  there  is  very  much  in  the  suggestions  which  are  made 

in  your  letter  and  in  the  Memorial  regarding  the  necessity  for  a  change 
in  the  constitutional  and  financial  position  of  the  Territories. 

In  the  same  letter — written  two  years  ago — ^you  informed  me 
that,  without  committing  yourself  to  any  positive  statement, 
you  were — 

.  .  .  .  prepared  to  say  that  the  time  has  arrived  when  the  question 
of  organizing  the  Territories  on  the  Provincial  basis  ought  to  be  the  sub- 
ject of  full  consideration. 

It  is  true  that  you  arranged  and  brought  about  a  conference 
between  a  Committee  of  the  Privy  Council  and  members  of  the 
Territorial  Government,  but  no  one  can  be  more  familiar  than 
yourself  with  the  reasons  which  led  the  Dominion  Government 
to  adopt  the  position  set  forth  in  your  letter  of  March  27  last. 
What  those  reasons  were  in  full  does  not  yet  openly  appear, 
and  I  feel  it  incumbent  upon  me  to  say  that,  in  view  of  all  the 
conversations  and  correspondence  had  upon  this  subject,  in 
view  of  the  official  negotiations  held,  upon  request,  as  a  result 
of  those  conversations  and  that  correspondence,  and  also  in 
view  of  the  circumstances  surrounding  the  whole  of  the  ques- 
tions involved,  I  have  been  forced  to  the  conclusion  that  those 
reasons  which  the  Dominion  Government  has  not  yet  seen  fit 


1208  CANADIAN  ARCHIVES 

to  place  before  the  Territorial  Government  and  Legislature 
must  have  been  more  cogent  than  those  set  forth  in  your  letter 
of  last  March.  For  take  those  reasons  seriatim.  First,  "the 
fact  that  the  population  of  the  Territories  is  yet  sparse."  It  is 
to  that  fact  that  we  owe  in  large  measure  our  present  financial 
disabilities.  It  is  to  the  second  reason  given,  namely,  "the  rapid 
increase  in  population/'  and  the  consequent  and  continuous  ma- 
terial alteration  in  our  conditions,  that  our  administrative 
difficulties  are  due,  while  that  same  rapid  increase  has  a  very 
nirect  influence  upon  our  financial  needs,  not  the  least  of  which 
is  the  necessity  for  some  other  provision  for  expenditure  upon 
matters  properly  chargeable  to  "capital"  account  than  by  taking 
the  money  required  from  current  revenue. 

There  is  nothing  new  in  those  statements.  They  have, 
supported  by  details  more  or  less  full,  been  laid  before  you  each 
successive  year  since  your  accession  to  office,  as  reasons  for  ask- 
ing the  Federal  Government  to  take  such  measures  as  are  cal- 
culated to  afford  relief  from  the  intolerable  position  in  which 
we  are  placed,  and  it  comes  as  a  surprise  to  us  to  find  the 
reasons  we  have  advanced  to  you  for  so  many  years  in  success- 
ion to  support  our  claim  to  fair  and  just  treatment  put  for- 
ward as  "some  of  the  reasons"  for  the  refusal  of  the  Dominion 
Government  to 'even  take  our  claims  into  consideration. 

The  last  reason  advanced  in  your  letter  for  the  Govern- 
ment's inaction,  that,  namely,  "there  is  a  considerable  diver- 
gence of  opinion  respecting  the  question  whether  there  should 
be  one  Province  only  or  more  than  one  Province,"  has  been  very 
definitely  answered  by  the  people  of  the  Territories.  With  my 
proposition  to  the  Government  having  been  disseminated  in 
every  way  possible  through  the  length  and  breadth  of  the  coun- 
try beforehand,  the  people  of  the  Territories  elected  represent- 
atives to  a  new  Legislature  on  May  21  last.  In  my  address 
to  my  own  constituents,  which  was  reproduced,  I  believe,  in 
every  newspaper  published  in  the  West,  I  said — 

At  the  present  time  the  Government  of  the  Territories  is  engaged  in 
negotiations  with  the  Dominion  Government  leading  to  the  establishment 
of  a  part  of  the  Territories  upon  the  provincial  basis.  Apart  from  all 
other  considerations,  financial  necessity  has  forced  this  question  to  the 
front.  A  rapidly  increasing  population  has  caused  the  present  revenues 
of  the  TerrLtories  to  be<iome  totailly  inadequate  to  meet  the  public  demands 
and  in  the  opinion  of  the  Governmeat  the  only  eolution  of  the  difficnltiea 
now  being  met  with  is  to  be  found  in  the  larger  powers  and  income  which 
go  with  the  Provincial  status  upon  proper  terms.  Larger  powers,  it  is 
true,  mean  larger  responsibilities,  but  these  same  larger  powers  will  carry 
with  them  the  ability  to  discharge  any  duty  that  can  be  placed  upon  tho 
people  of  the  West. 


PIONEER    LEGISLATION  1209 

The  Government  has  presented  to  the  Federal  authorities  the  claims 
of  the  people  of  the  Territories  in  a  document  which  has  been  published 
and  is  being  widely  distributed.  In  that  document  the  Territorial  Grovern- 
ment  has  expressed  its  opinion  in  favour  of  the  organization  of  one  Prov- 
ince only.  Action  upon  the  whole  question  has  been  postponed  by  the 
Dominion  Government,  principally  upon  the  ground  that  there  is  a  "diver- 
gence of  opinion  respecting  the  question  whether  there  should  be  one  Prov- 
ince only  or  more  than  one  Province  " — a  question  which  in  the  last  resort 
is  one  for  the  Dominion  Government  to  settle.  The  opinion  of  the  Ter- 
ritorial Government  is  based  upon  the  fact  that  in  the  past  one  Govern- 
ment and  one  Legislature  have  found  no  difficulty  in  conducting  the  affairs 
of  the  country  other  than  such  as  •  arose  from  the  inadequacy  of  the 
revenue,  and  it  is  not  anticipated  that  any  difficulty  which  cannot  be  met 
will  arise  in  the  future.  There  is  a  widespread  and  weill  founded  opinion 
existing  throughout  Canada  against  what  has  been  called  "  over-Govern- 
ment," or  "  multiplicity  of  Governments,"  and  there  appears  to  be  no  sub- 
stantial reason  for  the  formation  of  more  than  one  Province  in  the  Ter- 
ritories at  the  present  time.  Much  less  is  there  any  reason  for  consider- 
ing that  other  proposition  which  has  been  made  on  the  part  of  the  Prov- 
ince of  Manitoba,  namely,  the  division  of  the  people  of  the  Territories  by 
including  within  the  limits  of  that  Province  a  considerable  portion  of  the 
present  district  of  Assiniboia,  for  the  whole  sentiment  of  the  people  con- 
cerned is  against  that  proposal.  Upon  this  phase  of  the  question,  at 
least,  there  is  no  divergence  of  opinion.  Even  should  there  be  any  material 
divergence  of  opinion  in  the  Territories  on  the.  one  or  more  Province  ques- 
tion— and  there  undoubtedly  is  some — the  result  of  the  election  can  only 
demonstrate  and  accentuate  the  fact.  The  Territorial  Government,  how- 
ever, has  indicated  to  the  Federal  Government  what  it  believes  to  be  the 
opinion  held  by  a  very  large  majority  of  the  people  of  the  Territories  as 
promising  to  be  in  the  best  interests  of  the  country  as  a  whole.  Whilst 
this  is  so,  it  is  at  the  same  time  to  be  clearly  understood  that  though  the 
Government's  opinion  has  been  formed  after  careful  consideration  of  all 
the  facts  before  it,  such  is  its  strong  conviction  that  Provincial  establish- 
ment upon  the  general  terms  proposed  is  imperatively  required,  and  at  the 
earliest  possible  date,  that  it  does  not  consider  the  question  of  one  or  more 
Provinces  to  be  of  paramount  importance  in  view  of  the  magnitude  of  the 
other  questions  involved.  These  questions  deal  with  the  things  which  the 
Government  on  behalf  of  the  people  of  the  Territories  has  claimed  must 
of  right  belong  to  any  Province  established  in  the  West,  and  which  were 
practically  unanimously  approved  by  the  Legislature  at  its  last  session. 
They  are  briefly — 

(1)  Equal  rights  with  all  the  other  Provinces  of  the  Dominion  and  the 
same  financial  consideration  that  has  been  given  to  those  Provinces ; 

(2)  Control  of  the  public  domain  in  the  West,  by  the  West  and  for  the 
West ; 

(3)  Compensation  for  the  alienation  of  any  part  of  the  public  domain 
for  purely  federal  purposes ;  and 

(4)  The  removal  of  the  unjust  and  onerous  Canadian  Pacific  Railway 
exemption  from  taxation. 

These  are  the  matters  that  the  Government  of  the  Territories  is  now 
fighting  for,  and  these  are  the  matters  upon  which  your  judgment  is  in- 
vited in  my  appeal  ito  you  for  re-election  as  your  representative  in  the 
Legislature.  A  similar  appeal  is  being  made  in  every  constituency  in  the 
country  by  every  candidate  whose  election  will  give  support  to  the  Govern- 
ment at  this  critical  period  in  the  history  of  the  Territories.  The  issue 
is  plain,  and  it  is  for  the  people  of  the  Territories  to  decide. 

On  the  question  of  the  establishment  of  Provincial  institu- 
tions in  the  West  the  Assembly  ,in  May,  1900,  was  unanimous, 
and  tlie  result  of  the  elections  in  May,  1902,  demonstrated  de- 
finitely that  the  Assembly  clearly  represented  public  opinion 
throughout  the  Territories  upon  that  subject.     As  I  stated  in 


1210  CANADIAN  ARCHIVES 

mj  address,  "the  issue  is  plain;"  I  do  not  know  liow  it  could 
have  been  made  plainer.  The  people  have  decided  and  their 
decision  is  found  in  the  fact  that  not  only  am  I  offered  4:he  sup- 
port of  a  greater  proportion  of  the  members  of  the  House  than 
I  ever  had  before,  but  also  that  24  out  of  the  25  members  of  ^ 
the  last  House  who  sought  re-election  (and  who  all  voted  "yea" 
on  the  Resolution  of  May  2,  1900)  were  returned  at  the  top  of 
the  polls  in  their  respective  districts.  I  may  also  say  that  the 
result  of  the  election  has  justified  my  statement  that  it  could 
only  demonstrate  and  accentuate  the  fact  that  there  undoubt- 
edly is  some  divergence  of  opinion  in  the  Territories,  upon  the 
one  or  more  Province  question.  There  are  probably  a  few 
members  of  the  new  Legislature  who  support  the  view  of  two 
Provinces  but  they  are  not  united  as  to  the  manner  in  which  the 
Territories  should  be  divided.  Annexation  of  any  part  to 
Manitoba  has  not  a  single  advocate  in  the  House,  while  an  over- 
whelming majority  of  the  constituencies  has  pronounced  in 
favour  of  one  Province. 

I  will  go  further  and  say  that  the  people  of  the  Territories 
practically  unanimously  voted  for  the  establishment  of  the  coun- 
try upon  the  Provincial  basis.  The  manner  in  which  that  shall 
be  done  is,  to  again  quote  from  my  address,  "a  question  which 
in  the  last  resort  is  one  for  the  Dominion  Government  to  settle." 
At  the  request  of  Sir  Wilfrid  Laurier,  in  my  letter  of  Decem- 
ber 7,  1901,  I  placed  on  record  the  views  of  the  Grovernment  of 
the  Territories  as  to  the  matters  which  should  receive  consider- 
ation, and  at  the  same  time  condensed  those  views  in  the  form 
of  a  draft  Bill.  Since  then,  with  a  full  knowledge  of  the  facts^ 
the  people  of  the  Territories  have  elected  new  representatives, 
a  large  majority  of  whom  support  and  approve  those  views. 
So  that  I  am  free  to  claim — as  I  do — that  the  people  of  the 
Territories  have  given  their  answer  to  the  statement,  expressed 
on  behalf  of  the  Dominion  Government,  that  they  are  not  unit- 
ed on  the  question  of  Provincial  establishment.  I  have  adr 
mitted  that  there  are  divergencies  of  opinion  upon  details  of 
the  question,  as  there  are  upon  all  questions  in  which  any  com- 
munity is  interested,  but  there  is  certainly  no  divergence  of 
opinion  upon  the  question  of  the  establishment  of  Provincial 
institutions  in  the  Territories  upon  fair,  just  and  equitable 
terms,  analogous  to  those  upon  which  the  older  Provinces  have 
been  dealt  with.  We  are  seeking  no  favours — we  but  request 
that  we  be  fairly  dealt  with.  We  have  nothing  new  to  lay  be- 
fore the  Government,  nothing  but  what  has  already  been  stated, 


PIONEER    LEGISLATION  1211 

save  only  that  the  conditions  are  growing  more  intolerable,  the 
financial  stringency  is  more  accentuated,  and  our  constitutional 
inability  to  do  anything  to  help  ourselves  still  more  marked. 
We  claim — as  we  have  always  claimed — that  our  sparse  po})n- 
lution,  as  well  as  its  present  rapid  increase,  are  factors  in  our 
public  life  urgently  calling  for  the  early  attention  of  Parlia- 
ment with  a  view  to  dealing  adequately  with  our  disabilities, 
and  it  has  already  been  sufficiently  demonstrated  that  there  is 
no  warrant  for  the  belief  that  the  people  of  the  Territories  are 
not  sufficiently  alive  to  their  own  wellbeing  as  not  to  be  practi- 
cally a  unit  upon  this  question. 

In  a  letter,  addressed  to  you  on  January  30,  1901,  I  said 
''that  financial  embarrassments  rather  than  constitutional  as- 
pirations" led  us  to  request  the  full  Provincial  powers.  I 
might  now  say  that  we  are  driven  by  both  reasons.  Financial 
necessities  have  developed  constitutional  aspirations,  but  apart 
from  the  purely  financial  aspect  of  the  case  we  demand  that 
system  of  government  under  which  we  shall  have  as  full  oppor- 
tunities for  the  exercise  of  our  citizenship  as  our  fellow  cit- 
izens in  the  Provinces.  The  local  Government  and  Legislature 
should  have  full  and  free  scope  of  action  left  to  tbem  on  many 
subjects  which  relate  to  the  prosperity  and  happiness  of  the 
country  and  the  ISTorth-West  will  not  be  satisfied  until  this  is 
granted. 

This  letter  will  be  presented  to  you  by  Mr.  Bulyea,  and  I 
have  to  earnestly  ask  that  you  will  be  so  good  as  to  afford  him 
an  opportunity  to  present  to  both  yourself  and  Sir  Wilfrid 
Laurier  such  supplementary  remarks  as  may  seem  to  him  to  be 
required  to  make  clear  the  views  of  the  Government  upon  this— 
to  the  Territories — most  momentous  matter. 

In  conclusion  I  would  once  more  urge  upon  your  consider- 
ation the  question  involved  in  the  whole  subject  of  the  future 
welfare  of  the  Territories,  in  the  hope  that  such  consideration 
will  result  in  the  introduction  of  legislation  dealing  with 
these  matters  at  the  coming  session  of  Parliament. 
I  am,  dear  Mr.  Sifton, 

Yours  very  sincerely, 

F.  W.  G.  HAULTAIX. 


1212  CANADIAN  ARCHIVES 

22  Letter  from   Premier   EauUain  to   Sir    Wilfrid  La^rier, 

Feb.  3,  1903. 

Executive  Council. 

Eegina,  February  3,  1903. 
The  Right  Honourable 

Sir  Wilfrid  Laurier,  G.C.M.G., 
President  of  the  Privy  Council, 
Ottawa. 

SiR^ — I  have  the  honour  to  enclose  a  Memorandum  supple- 
mentary to  the  printed  statement  submitted  to  you  on  Decem- 
ber 7,  1901,  relating  to  the  establishment  of  Provincial  Insti- 
tutions in  the  IsTorth-AVest  Territories. 

The  large  immigration  of  the  year  just  closed  together  with 
the  prospect  of  a  still  larger  immigration  in  the  present  year 
and  the  years  to  follow,  make  it  necessary  for  me  to  change 
some  of  the  figures  in  the  printed  statement  referred  to. 

The  Memorandum  will  refer  by  number  to  the  sections  in 
the  draft  Bill  submitted  in  the  printed  statement,  and  may  be 
considered  as  supplementary  to,  or  amending,  the  explanatory 
memorandum  appended  to  each  section  of  the  draft. 

I  might  say  with  regard  to  the  financial  clauses  of  the  draft 
Bill  that  they  are  based,  of  course,  upon  the  law  and  the  prac- 
tice prevailing  at  the  present  time.  Should  the  demands  made 
by  the  Inter-provincial  Conference  be  acceded  to  by  your  Gov- 
ernment our  subsidies  would  presumably  be  paid  upon  the  same 
basis. 

I  have  the  honour  to  be. 
Sir, 
Your  obedient  servant, 

P.  w.  G.  haultai:n'. 

Regina,  February  3,  1903. 
[Memorandum.  ] 

Section  4.  In  the  printed  statement  a  request  for  an  initial 
Parliamentary  representation  of  ten,  based  upon  expectation 
of  population,  is  made. 

The  immigration  for  the  past  two  years,  as  shown  by  the 
Reports  of  the  Department  of  the  Interior,  added  to  the  popu- 
lation as  shown  by  the  last  census,  would  give  us  a  present  popu- 
lation of  250,000 ;  that   means    that   we    are    at   the    present 


PIONEER    LEGISLATION  1213 

moment  entitled  to  a  representation  of  ten  members  in  the 
House  of  Commons. 

The  estimated  increase  for  the  present  year  of  100,000 
would  entitle  us  to  four  additional  members  by  the  end  of  the 
year,  or,  as  the  immigration  season  closes  in  the  early  summer, 
it  would  be  fair  to  say  that  before  Parliament  prorogues  the 
Territories  will  be  entitled,  on  actual  population,  to  a  repre- 
sentation of  fourteen  members. 

As  there  is  every  indication  that  the  movement  of  popula- 
tion into  the  Territories  will  continue  in  larger  proportions  for 
some  years  to  come,  it  is  fair  to  presume  that  long  before  the 
T'ext  census  is  taken  our  representation  in  Parliament  will  be 
very  much  less,  proportionately  to  population,  than  that  of  any 
other  portion  of  Canada. 

A  very  conservative  estimate  for  the  year  1904  and  the 
years  following  to  the  date  of  the  next  census  would  be  an 
increase  of  250,000  which  would  mean  a  population  of  not  less 
than  600,000  at  the  end  of  the  year  1910.  Estimating  that 
these  figures  are  based  upon  reasonable  expectations,  we  should 
be  granted  a  representation  of  not  !ess  than  twenty  until  the 
next  census  is  taken,  after  which,  of  course',  the  provisions  of 
The  British  ISTorth  America  Act  would  govern. 

Section  22. — The  amounts  mentioned  in  clause  (h)  of  this 
section  should  be  changed  as  follows :  The  per  capita  allowance 
at  the  rate  of  eighty  cents  should  be  paid  on  an  initial  popula- 
tion of  400,000,  estimated  on  the  figures  set  forth  in  the  sup- 
plementary note  to  section  4. 

Section  23. — As  the  legislation  creating  the  new  Province 
cannot  reasonably  be  expected  to  come  into  effect  until  the  latter 
part  of  the  present  year,  the  debt  allowance  should  be  paid 
upon  an  initial  population  of  350,000,  based  upon  expectations 
alreadv  mentioned. 


^S.  Telegram  from  the  Minister  of  the  Interior  to  Premier 
Haultain,  Feb.  5,  1903.   ■ 

[Telegram.] 

Ottawa,  Out.,  Feb.  5,  1903. 

To  Hon.  F.  G.  Haultain,  Regina, 

Have  arranged  for  Committee  of  Council  to  meet  yourself 
and  Mr.  Eulyea  on  question  of  financial  grant  for  coming  year. 


1214  CANADIAN  ARCHIVES 

Think  you  should  bring  your  accountant  with  full  details  oY 
proposed  expenditure  for  next  year. 

CLIFFORD  SIFTON. 


2J^. Letter    from  Premier  HauUain   to   the   Minister    of   the 
Interior,  Feb.  11,  1903. 

Regina^  February  11,  1903. 

The  Hon,  Clifford  Sifton^ 

Minister  of  the  Interior, 
Ottawa. 

Dear  Mr.  Sifton, — When  I  received  your  telegram 
announcing  the  appointment  of  the  subcommittee  of  Council  to 
confer  with  Mr,  Bulyea  and  me  on  the  ISTorth-West  financial 
questions  I  was  under  the  impression  that  Mr,  Bulyea,  having 
been  in  Ottawa  about  that  date,  was  aware  of  the  intended 
appointment.  Since  then  I  have  had  both  letters  and  telegrams 
from  him  which  would  lead  me  to  suppose  that  he  does  not 
know  about  the  appointment,  and,  as  he  will  not  return  to 
Ottawa  from  New  Brunswick  until  next  Monday  or  Tuesday, 
I  must  ask  you  to  postpone  any  meeting  of  the  subcommittee 
until  after  that  date.  Any  day  after  Tuesday  the  17th  instant 
will  suit  us,  and  the  earliest  day  after  then  that  is  most  con- 
A  enient  to  you  will  be  most  convenient  for  us. 

I  should  like  to  ask  the  consideration  by  the  subcommittee 
of  Council  of  our  Provincial  proposition.  The  question  of 
financial  assistance  this  year  will,  of  course,  necessarily  be  dis- 
cussed, whether  the  Government  decide  to  take  action  on  the 
Provincial  question  or  not,  as  in  any  event,  the  present  system 
would  remain  in  existence  this  year,  or  at  least  for  the  greater 
part  of  it.  The  question  is  such  an  important  one  and  the 
necessity  so  urgent  that  in  addition  to  any  statement  on  the 
subject  which  I  have  already  made  I  would  again  urge  on  you 
the  importance  of  its  immediate  settlement. 

Yours  faithfully, 

F.  W.  G.  HAULTAIK. 


PIONEER    LEGISLATION  1215 

25.  Letter  from  Cleric  of  the  Privy  Council  to  Premier  Haul- 
tain,  Feb.  9,  1903. 

Privy  Council, 

Ottawa,  9th  February,  1903. 

The  Hon.  F.  W.  G.  Haultain, 

Premier  ITorth-West  Territories, 
Eegina,  KW.T.       - 

Sir, — By  direction  of  the  Right  Honourable  the  President 
of  Council,  I  have  the  honour  to  acknowledge  the  receipt  of 
your  communication  of  the  3rd  February  instant,  relating  to 
the  establishment  of  Provincial  Institutions  in  the  North-AVest 
Territories. 

I  have  the  honour  to  be, 
Sir, 
,your  obedient  servant, 

JOHN"  J.  McGEE, 

Clerh  of  the  Privy  Council. 


26.  Letter  from  P.  G.  Keys  to  Premier  Haultain,  Feb.  16, 

1903. 

Department  of  the  Interior, 

Ottawa,  16th  February,  1903. 

Hon.  F.  W.  G.  Haultain, 

Attorney  General  and  Premier, 
Eegina,  Assa.,  N.W.T. 

Sir, — I  have  the  honour,  by  direction,  to  acknowledge  the 
receipt  of  your  communication  of  the  3rd  instant,  addressed  to 
the  Right  Honourable  Sir  Wilfrid  Laurier,  Prime  Minister, 
which  has  been  referred  to  the  Minister  of  the  Interior,  and  in 
which  you  enclose  a  memorandum  supplementary  to  the  printed 
statement  submitted  to  the  Premier  on  the  Yth  December, 
1901,  in  regard  to  the  establishment  of  Provincial  Institutions 
in  the  l^orth-West  Territories. 

I  have  the  honour  to  be. 
Sir, 
Your  obedient  servant, 

P.  G.  KEYS, 

Secretary. 


1216  CANADIAN  ARCHIVES 

27.  Letter  from  Filmier  Haultain   to    the   Minister   of   the 
Interior,  Mar.  19,  1903. 

RiDEAu  Club, 

Ottawa,  19  March,  1903. 

The  Hon.  Cliffokd  Sifton, 

Minister  of  the  Interior, 
Ottawa. 

Dear  Mr.  Sifton, — As  I  have  remained  over  here  for  some 
days  since  I  last  saw  you,  you  may  possibly  have  addressed  me 
to  Regina  with  respect  to  the  result  of  the  recent  interview  of 
Mr.  Bulyea  and  myself  with  the  subcommittee  of  Council 
regarding  North-West  affairs.  In  case  no  decision  has  yet 
been  arrived  at  or  communicated  to  me,  may  I  ask  you  to  let 
me  have,  if  possible,  before  your  departure  for  England,  a 
final  reply  (addressed  to  Regina)  on  behalf  of  the  Government 
to  our  request  for  the  creation  of  a  Province  and  for  larger 
financial  assistance  in  the  meantime. 

Your  faithfully, 

r.  W.  G.  HAULTAIN. 


28. Letter  from  the  Minister  of  the  Interior  to  Premier  Haul- 
tain,  Mar.  21,  1903. 

Department  of  the  Interior, 

Ottawa,  21st  March,  1903. 

Hon.  F.  W.  G.  Haultain, 
Regina,  Assa.  . 
My  Dear  Haultain. — I  sent  a  note  over  to  the  Rideau 
Club  but  found  you  were  gone.  The  question  of  your  financial 
arrangements  was  up  for  discussion  today,  and  Mr.  Fielding 
will  communicate  with  you.  The  arrangement  suggested  will, 
I  think,  prove  reasonably  satisfactory. 

Your  faithfully, 

CLIFFORD  SIFTO:^r. 


PIONEER    LEGISLATION  12]  7 

S9.  Letter  from  Premier  HauUain  to  Sir  Wilfrid  Laurier, 
April  15,  1903. 

Executive  Council^ 

Regina,  April  15,  1903. 
The  Right  Honourable. 

Sir  Wilfrid  Laurier^  G.C.M.G., 
President  Privy  Council, 
Ottawa,  Ont. 

Dear  Sir  Wilfrid  Laurier^ — Shortly  before  Mr.  iSifton 
left  for  England  he  wrote  me  a  note  saying  that  the  subcom- 
mittee of  Council,  appointed  to  deal  with  North- West  affairs, 
had  had  a  final  meeting,  and  that  I  should  hear  from  Mr.  Field- 
ing what  the  Government  intended  to  do. 

When  in  Ottawa,  I  pointed  out  to  Mr.  Siftou  and  to  the 
subcommittee  of  Council  that  it  was  important  that  we  should 
be  made  aware  of  the  intentions  of  the  Government  at  as  early 
a  date  as  possible.  The  E"orth-West  Legislature  will  meet  on 
Thursday,  as  the  session  could  not  be  postponed  any  longer, 
owing  to  the  statutory  necessity  tor  meeting  within  one  year 
01  last  session.  We  have  not,  as  yet,  heard  from  Mr.  Eielding, 
and  we  shall  be  obliged  to  meet  our  Legislature  on  Thursday 
next  without  having  any  idea  at  all  as  to  the  amount  of  money 
which  will  be  available  for  legislative  appropriation  this  year. 
May  I  ask  you  to  see  tliat  we  are  informed  as  soon  as  possible 
of  the  result  of  our  interview  with  you. 

I  am  enclosing  a  copy  of  a  letter,  addressed  to  Mr.  Sifton, 
for  the  information  of  the  Government,  to  which  I  referred  in 
my  interview  with  the  subcommittee  and  which,  no  doubt,  you 
have  already  seen.  It  deals  exclusively  with  the  question  of 
Provincial  Institutions  in  the  Territories;  and  I  would  again, 
on  behalf  of  my  colleagues,  earnestly  ask  your  consideration  of 
our  request.  , 

With  regard  to  our  Vote,  I  might  add  to  anything  I  have 
already  said  and  written  on  the  subject,  that  the  immigration 
this  season  is  even  larger  than  any  estimate  previously  formed, 
and  that  the  necessities  created  by  this  large  increase  in  our 
population  will  be  greater  than  those  indicated  by  me  in  my 
statement  which  was  written  at  the  request  of  the  subcommittee 
and  addressed  to  Mr.  Sifton  on  the  twenty-first  day  of  February 
last. 

I  would  also,  in  Mr.  Sifton's  absence,  ask  for  your  parti- 
cular attention  to  our  request  for  a  Vote  supplementary  to  the 

28159—77 


1218  CANADIAN    ARCHIVES 

Vote  for  the  current  year.  Whatever  amount  the  Govern- 
ment may  decide  to  give  us  for  the  year  beginning  on  the  1st 
July  nextj  it  will  be  quite  inadequate  for  the  purposes  of  the 
year  for  which  it  is  voted,  and  will  leave  us,  so  far  as  the  con- 
ditions of  last  year  and  the  necessities  for  the  first  six  months 
of  this  year,  in  a  very  awkward  position.  As  I  pointed  out  to 
the  subcommittee  we  were  obliged  last  year,  not  only  on  account 
of  the  unexpectedly  large  increase  to  our  population,  but  also 
on  account  of  floods  and  other  untoward  conditions,  to  undertake 
the  large  amount  of  work — imperatively  necessary  at  the  time- 
on  the  credit  of  the  small  amount  of  money  payable  to  us  in  the 
beginning  of  January,  for  the  first  six  months  of  this  year. 
Nothing  but  the  most  urgent  necessity,  I  admit,  could  have 
justified  this  expenditure,  but  we  are  quite  confident  that  the 
conditions  of  the  past  season  were  an  absolute  justification  of 
our  action. 

These  circumstances  constitute  the  grounds  for  our  request, 
not  only  for  a  large  increase  to  our  grant  for  the  coming  Do- 
minion fiscal  year,  but  for  a  substantial  supplementary  Vote  to 
meet  the  actual  necessities  of  the  present  moment. 

To  sum  up,  I  beg  to  ask  for  an  early  reply  to  our  request: 
First,  for  the  granting  of  Provincial  Institutions  to  the  Ter- 
ritories; Secondly,  for  a  Vote  supplementary  to  the  ISTorth- 
West  grant  for  the  current  year;  and  Thirdly,  for  a  largely 
increased  Vote  for  the  year  1903-1904. 

Yours  faithfully, 

F.  W.  G.  HAULTAi:Nr. 


30.  Telegram  from  Minister  of  Finance  to  Premier  HaultaiUj 

April  16,  1903. 
[Telegram.] 

Hon.  F.  W.  G.  Haultain^ 
Kegina,  IT.W.T. 

Ottawa,  April  16,  1903. 

Government  will  place  in  supplementary  estimates  for  com- 
ing year  two  hundred  and  fifty  thousand  dollars  to  cover  the 
over  expenditure  of  these  Territories  and  also  recommend  to 
Parliament  an  advance  of  capital  accoimt  up  to  five  hundred 
thousand  dollars  from  time  to  time  for  approved  public  works. 
The  two  bridges  which  have  been  specially  arranged  for  to  be 


PIONEEE    LEGISLATION  1219' 

cLarged  to  the  capital  advance.  It  will  be  better  that  all 
bridges  in  Territorie.?  be  left  to  the  Territorial  Government. 
Please  treat  this  as  confidential  for  a  few  days  until  vou  can 
arrange  to  have  it  dealt  with  by  Order  in  Council. 

W.  S.  FIELDI:^^G. 


31.  Telegram  jrwa  Premier  Haultain  to  Minister  of  Finance^ 
April  11,  190S. 

Hon.   W.    S.    FlELDIKGj 

Ottawa. 

Regina,  April  11,  1909. 

Supplementary  Vote  quite  satisfactory  if  made  supple- 
mentary to  current  year.  Other  propositions  absolutely  un- 
satisfactory in  method  and  amount.  Conditions  here  require 
large  increase  to  annual  grant  for  coming  Dominion  fiscal  year 
apa,rt  from  question  of  capital  advance,  for  which  we  have 
made  no  request.  In  ease  capital  advance  is  made  unrestricted 
disposal  by  local  legislature  must  be  allowed,  and  we  should 
strongly  protest  against  any  part  of  cost  of  replacing  Macleod 
and  Lethbridge  bridges,  both  Federal  und'Crtakings,  being 
charged. 

Writing. 

F.  W.  G.  HAULTAIF. 


82.  Telegram  from  Minister  of  Finance  to  Premier  Haultain^ 

April  20,  1903. 
[Telegram.] 

F.  W.  G.  Haultain,  Ottawa,  April  20,  1903. 

Regina,  N.W.T. 

Will  await  your  letter  before  taking  further  action. 

W.  S.  FIELDIIs^G. 


28159— 77i 


1220  CANADIAN    ARCHIVES 

SS.  Letter  from  Sir  Wilfrid  Laurier  to  Premier  Haultain, 

April  20,  190S. 

The  Hon.  F.  W.  G.  Haultain, 
E-egina  Ass  a, 

Ottawa,  SOtk  x\pril,  1903. 

Dear  Mr.  Haultain, — I  beg  to  acknowle<ige  receipt  of  your 
favour  of  the  15tli  instant.  As  Mr.  Fielding  lias  communicated 
with  you  already  by  wire  on  the  subject  therein  mentioned,  I 
do  not  suppose  that  it  requires  any  further  reply. 

Believe  me,  yours  very  sincerely, 

WILFRID  LAURIER. 


3^..  Extract  from  letter  dated  April  20,  190S,  addressed  to  the 
Hon.  W.  8.  Fielding,  Minister  of  Firmnce,  signed  F. 
W.  0.  Haidtain. 


I  trust  that  the  further  consideration  of  this  whole  sub- 
ject promised  in  your  telegram  of  this  date  will  result  in  some 
more  definite  recognition  of  our  necessities  than  has  hitherto 
been  evidenced.  The  one  and  the  best  solution  of  all  these 
difficulties  has,  on  several  occasions  of  late,  been  suggested  to 
the  Dominion  Government,  and  it  seems  to  me  thati  might  well 
close  this  communication  by  an  expression  of  the  opinion  that 
just  so  long  as  the  Provincial  status  is  withheld  from  the  Ter- 
ritories will  it  be  necessary  for  the  Government  of  the  Terri- 
tories to  direct  attention  with  increasing  force  and  emphasis 
to  the  present  unsatisfactory  manner  of  making  financial  pro- 
vision for  the  public  requirements  of  the  country. 


PIONEER    LEGISLATION  1221 

S5 .Memorial  from  Legislative  Assembly,  N.W.T.,  to  Domin- 
ion Government,  April  24,  1903. 

To  His  Excellency  the  Right  Honourable  Sir  Gilbert  John 
Elliott,  Earl  of  Minto  and  Viscoimt  Melgund,  of  Mel- 
gund,  County  of  Forfar,  in  the  Peerage  of  the  United 
Kingdom,  Baron  Minto,  of  Minto,  County  of  Roxburg,  in 
the  Peerage  of  Great  Britain,  Baronet  of  ISTova  Scotia, 
Knight  Grand  Cross  of  the  Most  Distinguished  Order  of 
St.  Michael  and  St.  George,  &c.,  &c.,  Governor  General 
of  Canada.  , 

May  it  Please  Your  Excellency  : 

We,  His  Majesty's  dutiful  and  loyal  subjects,  the  Legis- 
lative Assembly  of  the  jSTorth-West  Territories  of  Canada,  in 
session  assembled,  humbly  approach  Your  Excellency  for  the 
purpose  of  representing — 

That  by  an  Address  dated  on  the  second  day  of  May  in  the 
year  one  thousand  nine  hundred,  a  copy  of  which  is  attached 
hereto,  the  Legislative  Assembly  pointed  out  that  repeated 
representations  had  been  made,  in  various  ways,  to  the  Govern- 
ment of  Canada  with  a  view  to  obtainino'  just  and  equitable 
assistance  towards  providing  for  the  proper  and  effective 
administration  of  affairs  in  those  Territories  and  for  the  public 
necessities  of  their  rapidly  increasing  population,  and  that  such 
representations  had  been  met  by  intermittent  and  insufficient 
additions  to  the  annual  grant,  the  provision  so  made  by  the 
Parliament  of  Canada  never  bearing  any  adequate  proportion 
to  the  financial  obligations  imposed  by  the  enlargement  and 
development  of  the  political  institutions  created  by  itself ; 

That  by  the  said  Address,  the  Legislative  Assembly  humbly 
prayed  that  Your  Excellency  would  be  graciously  pleased  to 
cause  an  inquiry  to  be  made  into  the  position  of  the  Territories, 
financial  and  otherwise,  and  to  cause  such  action  to  be  taken  as 
would  provide  for  their  present  and  immediate  welfare  and 
good  goverament,  as  well  as  the  due  fulfilment  of  the  duties 
and  obligations  of  Government  and  Legislation  assumed  with 
respect  to  these  Territories  by  the  Parliament  of  Canada,  and 
it  was  furthermore  humbly  prayed  that  Your  Excellency  would 
be  also  graciously  pleased  to  order  inquiries  to  be  made  and 
accounts  taken  with  a  view  to  the  settlement  of  the  terms  and 
conditions  upon  which  the  Territories  or  any  part  thereof 
should  be  established  as  a  Province; 


1222  CANADIAN  ARCHIVES 

That  since  the  passing  of  the  said  Address  further  repre- 
sentations have  been  made  in  various  ways  to  Your  Excel- 
lency's Government  with  regard  to  the  financial  and  constitu- 
tional position  of  the  Territories ; 

That  during  the  past  three  years  th€  immediate  necessities 
of  the  Territories  have  been  vastly  increased  by  a  remarkable 
immigration  movement,  which  is  still  going  on; 

That  no  adequate  response  has  been  made  to  the  repeated 

requests  for  the  financial  assistance  necessary  for  the  proper 

and  effective  administration  of  the  affairs  of  these  Territories 

■  and  for  the  public  necessities  of  their  rapidly  increasing  popu- 

'.  lation ; 

That  the  Legislative  Assembly,  representing,  as  it  does,  the 
unanimous  opinion  of  the  people  of  the  Territories,  believes 
that  nothing  short  of  that  system  of  government  enjoyed  by  our 
fellow  citizens  in  the  Provinces  will  afford  a  solution  of  the 
Legislative  and  financial  difficulties  which  confront  it; 

Therefore  we  do  humbly  pray  that  Your  Excellency  in 
Council  will  cause  such  action  to  be  taken  as  will  provide  for 
the  present  and  immediate  financial  necessities  of  the  Terri- 
tories and  will  further  provide  for  the  establishment  of  Pro- 
vincial Institutions  in  the  Territories  upon  fair  and  just  terms 
analogous  to  those  upon  which  the  old  Provinces  have  been 
dealt  with ; 

All  of  which  we  humbly  pray  Your  Excellency  to  take  into 
Your  Excellency's  gracious  and  favourable  consideration, 

A.  B.  GILLIS, 

Speaker  of  the  Legislative  Assemhly 
of  the  North-West  Territories. 


36.  Letter  from  Lieutenant  Governor  Forget  to  the  Secretary 
of  State,  April  2J^,  1903. 

Legislative  Assembly  Chambees^  ' 

Regina,  April  24,  1903. 
The  Honourable 

The  Secretary  of  State, 
Ottawa. 

SiR^ — ^^I  have  the  honour  to  forward  herewith  for  transmis- 
sion to  His  Excellency  the  Governor  General,  the  enclosed 
Address  to  His  Excellency,  from  the  Legislative  Assembly  of 


PIONEER    LEGISLATION  1223 

the  North- West  Territories,    upon    the    present    constitutional 
and  financial  condition  of  the  North-West  Territories. 

I  have,  etc., 

A.  E.  FORGET, 

Lieutenant  Governor. 


37.  Letter  from  Department  of  Secretary  of  State  to  Lieut- 
enant Governor  Forget j  April  29,  1903. 

Ottawa,  29th  April,  1903. 
His  Honour 

The  Lieutenant  Governor  of  the  North-West  Territories, 
Regina,  N.W.T. 

SiK, — I  have  the  honour  to  acknowledge  the  receipt  of  your 
despatch  of  the  24th  instant,  enclosing  an  Address  to  His 
Excellency  from  the  Legislative  Assembly  of  the  North-West 
Territories  upon  the  present  constitutional  and  financial  con- 
dition of  the  North- West  Territories  and  to  state  that  the  same 
has  been  duly  submitted  to  the  Governor  General  in  Council. 
I  have,  etc., 

P.  PELLETIER, 

Acting  Under-Secretary  of  State. 


38.  Letter  from  Premier  Haultain    to    Sir    Wilfrid    Laurier 

June  2,  1903. 

Regina,  June  2,  1903. 

The  Right  Hon.  Sir  Wilfrid  Laueier,  G.C.M.G., 
President  Privy  Council, 
Ottawa. 

Sir, — I  have  the  honour  on  behalf  of  the  North- West  Gov- 
ernment to  again  ask  for  a  reply  to  the  requests  set  out  in  my 
letter  to  you  of  the  15th  April  last.  Acknowledging  that  letter 
on  the  20th  April  you  say  "  As  Mr.  Fielding  has  communicated 
"  with  you  already  by  wire  on  the  subject  therpin  mentioned, 
"  I  do  not  suppose  that  it  requires  any  further  reply.  "  Mr. 
Fielding's  telegram  of  th^  16th  April  wa=!  a  confidential  and 
informal  proposition  and  only  dealt  with  the  financial  position. 


1224  CANADIAN  ARCHIVES 

On  the  17th  April  I  telegraphed  Mr.  Fielding  our  objections 
to  his  proposition,  and  informed  him  that  I  was  writing  on  the 
subject.  On  the  20th  April  Mr.  Fielding  telegraphed  "  Will 
'^  await  your  letter  before  taking  further  action."  My  letter 
to  Mr.  Fielding  was  dated  the  20th  April.  On  the  25th  April 
the  Territorial  Legislature  adjourned  for  si^  weeks  to  await 
the  decision  of  the  Federal  Government  with  regard  to  the 
North- West  grant,  and  up  to  the  present  time  no  further  com- 
munication on  the  subject  has  been  received  by  us.  In  further 
reference  to  your  letter  of  the  20th  April  I  beg  to  point  out 
that  Mr.  Fielding's  telegram  does  not  deal  with  the  most 
important  part  of  my  letter  of  the  16th  April,  namely,  our 
request  for  Provincial  Institutions,  and  I  would  most  respect- 
fully urge  that  our  representations  on  this  important  question 
merit  some  further  reply  than  can  be  gathered  by  implication 
from  the  fact  that  Mr.  Fielding  does  not  refer  to  them. 

I  have,  etc., 

F.  W.  G.  HAULTAIN. 


S9.  Letter  from  Sir  Wilfrid  Laurier   to   Premier   Haultain, 

June  8,  1903. 

Ottawa,  8th  June,  1903. 

The  Hon.  F.  W.  G.  Haultain, 

President  of  the  Executive  Council, 
Regina,  N.W.T. 

SiE, — I  have  the  honour  *to  acknowledge  the  receipt  of  your 
letter  of  the  2nd  instant.  The  Minister  of  Finance  has,  by  this 
time,  communicated  with  you  respecting  the  financial  grant  to 
be  given  to  the  North- West  Legislature. 

With  regard  to  your  further  request  that  legislation  be 
introduced  this  session  conferring  on  the  Territories  full  pro- 
vincial organisation,  I  have  had  the  honour  to  discuss  the 
matter  with  the  members  of  the  House  of  Commons  from  the 
Territories.  I  have  asked  them  to  consider  whether  it  would 
be  advisable  to  have  such  legislation  introduced  this  year.  We 
are,  as  you  know,  introducing  a  Pedistribution  measure  at  the 
present  session,  and  we  are  giving  to  the  Territories  a  much 
liireer  representation  in  the  House  of  Commons  than  theT 
would  be  entitled  to  were  they  to  become  organised  at  once  as 


PIONEER    LEGISLATION  1225 

a  province.  In  fact  the  Bill  which  we  have  introduced  allows 
to  the  Territories  a  •  representation  in  the  House  of  Commons 
of  ten  members.  Were  thej  to  be  admitted  at  once  as  a  pro- 
vince, they  would  be  entitled  to  only  six  members.  It  would 
be  a  question  of  extreme  difficulty  and  complications  to  give 
to  the  Territories  at  the  same  time  all  the  advantages  of  full 
provincial  organisation  without  the  corresponding  disadvan- 
tages. 

I  have  the  honour  to  be, 
Sir, 
Yours  truly, 

WILFRID  LAURIER. 


J^O.  Letter  from  Premier  Haultain    to    Sir    Wilfrid   Laurier, 
June  15,  1903. 

The  Right  Hon.  Sir  Wilfrid  Lauriee,  G.C.M.G., 
President  Privy  Council, 
Ottawa,  Ont. 

Regina^  June  15,  1903. 

Sir, — I  have  the  honour  to  acknowledge  receipt  of  youi 
letter  of  the  Eighth  instant  relating  to  the  question  of  Pro- 
vincial Institutions  in  the  Territories,  and  to  express  regret 
on  the  part  of  the  ISTorth-West  Government  that  that  question 
has  again  been  put  on  one  side  for  a  reason  which  seems  quite 
foreign  to  the  subject. 

With  all  deference  to  the  opinion  expressed  by  you,  I  can- 
not see  that  the  representation  proposed  to  be  given  to  the  Ter- 
ritories under  the  Redistribution  Bill  could  be  in  any  way 
affected  by  the  passing  of  concurrent  legislation  granting  the 
Provincial  status  to  the  Territories. 

The  provisions  of  the  B.IST.A.  Act  relating  to  representation 
would  not,  I  submit,  apply  to  a  Province  which,  at  the  earliest, 
could  only  come  into  existence  at  the  same  time  as  the  Redis- 
tribution Bill  became  law.  Even  if  legislation  creating  a  Pro- 
vince were  introduced  at  the  present  session  of  Parliament, 
the  actual  coming  into  existence  of  the  Province  would  neces- 
sarily be  postponed  for  some  months  to  enable  Territorial 
affairs  to  be  wound  up,  and  thus  any  question  with  regard  to 
representation  and  the  effect  of  the  B.X.A.  Act  would  be 
removed.  I  might  also  remind  you  that  upon  the  admission 
of  British   Columbia   into    the    Confederation   and    upon   the 


1226  CANADIAN  ARCHIVES 

creation  of  the  Province  of  Manitoba  larger  representation 
was  given  than  these  two  Provinces  were  respectively  entitled 
to  under  the  B.N.A.  Act. 

You  say  that  you  have  discussed  the  question  of  Provincial 
organization  with  the  Members  of  the  House  of  Commons  from 
the  Territories  and  have  asked  them  to  consider  whether  it 
would  be  advisable  to  have  such  legislation  introduced  this 
year.  Your  letter  does  not  make  it  clear  what  the  opinion  of 
those  gentlemen  is,  but  I  feel  justified  in  asserting  that  that 
opinion  was  not  in  accord  with  the  wishes  of  the  people  they 
represent  unless  it  supported  the  claims  made  by  us  which 
are  unanimously  endorsed  by  the  ISTorth-West  Legislature,  and 
were  practically  unanimously  endorsed  by  the  people  of  the 
ISTorth-West  Territories  at  the  General  Elections  in  May,  1902. 
The  question  of  larger  representation  in  the  Federal  Parlia- 
ment is  without  doubt  an  important  one,  but  the  infinitely  more 
urgent  question  of  Provincial  organisation  should'  not  be  sub- 
ordinated to  it.  The  two  questions  are  quite,  separate  and  in- 
dependent, and  cannot,  I  think  I  have  shown,  affect  one  another. 
Under  any  circumstances,  however,  the  obtaining  of  Provincial 
powers  is  in  our  opinion  of  much  greater  importance  to  the  peo- 
ple of  the  Territories  than  additional  representation  in  a  Parlia- 
ment whose  failure  to  fulfil  the  duties  and  obligations  it  has 
assumed  with  regard  to  the  North- West  is  one  of  our  strongest 
reasons  for  demanding  Home  Rule. 

I  have  the  honour  to  be.  Sir, 

Your  obedient  servant, 

F.  W.  G.  HAULTAIN. 


Jil.  Telegram  from  the  Minister  of  the  Interior  to  Premier 
Haultain,  July  23,  1903. 

Ottawa,  July  23,  1903. 
Hon.  F.  W.  G.  Haultain, 
Regina. 

Please  have  copies  of  following  letters  sent  to  me  here  by 
first  mail,  A.  L.  Sifton  to  myself,  eleventh  August,  nineteen 
hundred  and  one ;  sixteenth  December,  nineteen  hundred  and 
two ;  myself  to  A.  L.  Sifton,  fourteenth  August,  nineteen  hun- 
dred and  one;  yours  to  me  fifteenth  April  last.  Letters  and 
copies  mislaid  here. 

CLIFFORD  SIFTON. 


PIONEER    LEGISLATION  1227 

1(2 .Letter  from  Glerh  of  the  Executive  Council  to  the  Minister 
of  the  Intenor,  July  2Jf,  190 U- 

Eegina,  July  24,  190;j. 
Tiie  Hon.  Clifford  Sifton^ 

Minister  of  the  Interior, 
Ottawa. 
SiR^ — In  the  absence  of  Mr.  Haultaiu  I  have  the  honour  to 
acknowledge  receipt  of  your  telegram,  asking  that  copies  of  the 
following  letters  be  sent  to  you  at  Ottawa  by  first  mail : 

(1)  Letter  dated  August  11,  1901,  signed  by  the  Hon  A. 
L.  Sif ton,  addressed  to  yourself ; 

(2)  Letter  dated  December  17,  1902,  signed  by  the  Hon. 
A.  L.  Sifton,  addressed  to  yourself; 

(3)  Letter  dated  August  14,  1901,  signed  by  yourself,  ad- 
dressed to  the  Hon.  A.  L.  Sifton ; 

(4)  Letter  dated  April  15,  1903,  signed  by  the  Hon.  F. 
W.  G.  Haultain,  addressed  to  yourself. 

As  I  have  been  unable  to  definitely  locate  certain  of  the  let- 
ters described  above,  I  am  forwarding  to  you  herewith  copies  in 
duplicate,  of  the  printed  correspondence,  -as  laid  on  the  Table 
of  the  Legislative  Assembly  here  dealing  with  the  subjects  of  the 
Provincial  question  and  the  Parliamentarv  grant  to  the  Terri-' 
tories.  On  page  6  of  the  pamphlet  headed  "Memorial"  will 
be  found  printed  copies  of  two  telegrams,  under  dates  of 
August  10  and  August  14,  1901,  which  passed  between  the 
Hon.  A.  L.  Sifton  and  yourself  which  are  the  only  communica- 
tions that  have  been  traced  anywhere  near  those  dates  appearing 
to  comply  with  your  request. 

The  letter  dated  December  17,  1902,  is  the  letter  first  print- 
ed in  the  pamphlet  headed  "Correspondence."  No  trace  of  any 
letter  dated  April  15th  last,  written  by  Mr.  Haultain,  address- 
ed to  you,  can  be  found  here,  but  it  is  thought  that  your  refer- 
ence may  possibly  be  the  letter  addressed  on  that  date  by  Mr. 
Haultain  to  Sir  Wilfrid  Laurier,  which  will  be  found  printed 
in  its  regular  place  in  both  pamphlets. 

Should  these  not  be  the  letters  to  which  you  have  reference, 
T  would  be  pleased  to  make  further  search  if  you  will  kindly 
indicate  the  nature  of  the  subject  dealt  with  in  the  letters  you 
desire. 

I  have  the  honour  to  be,  Sir, 

Your  obedient  servant, 

JOHN  A.  EETD, 
Clerk   Executive    Council. 


1228  CANADIAN  AECHIVES 

Ji-S.  Telegram  from  Department  of  Interior  to  Premier 
Haultain,  Oct.  1,  1903. 

Ottawa,  Ont.,  October  7,  1903. 
Hon.  F.  W.  G.  Haultain, 
Regina,  KW.T. 

Mr.  Sifton  wired  you  ou  the  23r(i  of  July  asking  you  for 
copies  of  following  correspondence,  A.  L.  Sifton  to  Clifford 
Sifton,  eleventh  August,  nineteen  hundred  and  one;  ditto, 
seventh  December,  nineteen  hundred  and  two ;  Clifford  Sifton 
to  A.  L.  Sifton,  fourteenth  August,  nineteen  hundred  and  one ; 
ycurself  to  Clifford  Sifton,  eleventh  February  last,  wanted. 
Sir  Wilfrid  Laurier's  secretary  asks  that  you  also  send  the  fol- 
lowing letters :  Yourself  to  Sir  Wilfrid,  fifteenth  March,  nine- 
teen hundred  and  two;  Sir  Wilfrid  to  you,  eighteenth  March, 
nineteen  hundred  and  two.  Most  important  to  have  these  to 
complete  returns.     Please  wire  if  sent. 

JAMES  SMART. 


JfJi .  'Felegmm  from  Clerh  of  Executive  Council  to  Deputy  Min- 
ister of  the  Inferior,  Oct.  8, 1903. 

James  A.  Smart,  Regina,  October  8,  1903. 

Deputy  Minister  Interior, 
Ottawa. 

Your  telegram  to  Premier.  All  letters  and  telegrams  asked 
for  will  be  found  in  printed  documents  forwarded  with  my  let- 
ter to  Minister  Interior  dated  July  twenty-four.  Further  cop- 
ies going  by  mail. 

JOHN  A.  REID. 
Clerh  Executive  Council. 


Jf5.  Letter  from  Clerk  of  Executive  Council  to  the  Deputy 
ifinister  of  the  Interior,  Oct.  8,  1903. 

James  A.  Smart,  Esq.,  Regina,  October  8,  1903. 

Deputy  Minister  Interior, 
Ottawa, 
SiR,^I  have  th,e  honour  to  confirm  my  telegram  of  this 
date,  sent  in  Mr.  Haultain's  absence,  reading: 


PIONEEE    LEGISLATION  1229 

Your  telegram  to  Premier.  A.11  letters  and  telegrams  asked  for  will 
be  found  in  printed  documents  forwarded  with  my  letter  to  Minister 
Interior,  dated  July  24.      Further  copies  going  by  mail. 

I  am  enclosing  to  you  herewith  two  copies  of  all  correspon- 
dence, down  to  June  2,  last,  connected  with  the  Memorial  of 
the  Legislative  Assembly  of  May  2,  1900,  dealing  with  the  fin- 
ancial and  constitutional  position  of  the  Territories,  and  of  the 
correspondence  between  the  Federal  and  Territorial  Govern- 
ments, down  to  June  6  last,  respecting  the  Parliamentary 
grant  for  expenditure  by  the  Government  of  the  Territories 
during  the  calendar  year  1903. 

As  it  would  appear  not  improbable  from  your  telegram  that 
my  letter  to  the  Minister,  of  July  24  last,  was  not  at  present 
available  I  am  enclosing  a  copy  herewith,  for  your  information, 
as  it  indicates  some  f)Ossible  slight  confusion  in  the  record  of  the 
correspondence  as  to  the  persons  between  whom  the  several  let- 
ters and  telegrams  passed.  All  communications  referred  to  in 
your  telegram  will  be  found  printed  in  either  the  pamphlet 
headed  "Memorial,"  or  that  headed  "Correspondence,"  in  the 
places  indicatetd  by  their  respective  dates. 

I  have  the  honour  to  be,  Sir, 

Your  obedient  servant, 

JOHN  A.  REID, 

Clerk  Executive  Council. 


46. Letter  from  Deputy  Minister  of  the  Interior  to  Clerh  of 
Executive  Council,  Oct.  21,  1903. 

John  A.  Reid,  Esq.,  Ottawa,  October  21,  1903. 

Clerk,  Executive  Council, 
Regina. 

Dear  Sir, — I  duly  received  your  letter  of  the  8th  instant, 
enclosing  two  copies  of  all  correspondence  dealing  with  the  fin- 
ancial and  constitutional  position  of  the  Territories,  which  have 
come  duly  to  hand,  and  for  which  please  accept  my  thanks. 

Yours  truly, 

JAMES  A.  SMART, 

Deputy  Minister. 


1230  CAXADIAX  ARCHIVES 

^7.  Letter  from  Lieutenant  Governor  Forget  to  the  Secretary 
of  State,  Nov.  21,  1903. 

Kegina,  November  21,  1903. 

Sir, — I  have  the  honour  to  enclose,  herewith,  for  submiss- 
ion to  His  Excellency  the  Governor  General  in  Council,  the 
following  original  document,  viz., — 

An  humble  petition  of  the  Legislative  Assembly  of  the  Ter- 
ritories, to  His  Excellency  in  Coimcil,  adopted  on  the  20th  day 
of  November,  1903,  reaffirming  the  statements,  and  renewing 
the  prayers  contained  in  its  addresses,  dated  respectively  the 
Second  day  of  May,  1900,  and  the  Twenty-fourth  day  of  April, 
1903, — and  praying  that  the  same  be  taken  into  His  Excel- 
lency's most  gTacious,  favourable  and  early  consideration. 

The  two  addresses  above  referred  to,  were  transmitted  by 
the  undersigned,  to  your  Department,  the  first  under  cover  of 
despatch  dated  the  20th  July.  1900,  and  the  second  under  cover 
of  despatch  dated  the  24th  April,  1903. 

I  have  the  honour  to  be.  Sir, 

Your  obedient  servant, 

A.  E.  FORGET, 
Lieutenant  Governor,  N.W.T. 
The  Honourable, 

The  Secretary  of  State, 
Ottawa,  Ont. 


Jf8.  Memorial  from  Legislative  Assembly,  N.W.T.,  to  the  Do- 
minion Goveiyiment,  Nov.  20,  1903. 

j'.'o  His  Excellency  the  Right  Honourable  Sir  Gilbert  John 
Elliot,  Earl  of  Minto  and  Viscount  of  Melgund,  County 
of  Forfar,  in  the  Peerage  of  the  United  Kingdom,  Baron 
Minto  of  Minto,  County  of  Roxburgh,  in  the  Peerage  of 
Great  Britain,  Baronet  of  Nova  Scotia,  Knight  Grand 
Cross  of  the  Most  Distinguished  Order  of  St.  Michael  and 
St.  George,  etc.,  etc..  etc.,  Governor  General  of  Canada. 
May  it  Please  Your  Excellency — 

We,  His  Majesty's  dutiful  and  loyal  subjects,  the  Legisla- 
tive Assembly  of  the  North-West  Territories,  in  Session  as- 
sembled, humbly  approach  Your  Excellency  for  the  purpose  of 
representing — 


PIONEER    LEGISLATION  1231 

That  this  House  does  most  respectfully  aud  earnestly  re- 
affirm the  statements  and  renew  the  prayers  contained  in  its  ad- 
dresses to  Your  Excellency,  dated  on  the  Second  day  of  May, 
1900,  and  the  Twenty-fourth  day  of  April,  1903. 

All  of  which  we  humbly  pray  Your  Excellency  to  take  into 
Your  Excellency's  most  gracious,  favourable  and  early  con- 
sideration. 

.       A.  B.  GILLIS, 
Speaker  of  the  Legislative  Assembly, 
of  the  North-West  Territories. 

Legislative  Assembly  Chambers, 

Kegina,  N.W.T.,  I^ovember  20,  1903. 


49.  Letter  from  Department  of  Secretary  of  State  to  Lieut- 
enant Governor  Forget,  Nov.  28,  1908. 

His  Honour  Ottawa,  28th  November,  1903 

The  Lieutenant  Governor  of  the  ISTorth-West  Territories, 
Kegina,  North-West  Territories. 

SiE,"~I  have  the  honour  to  acknowledge  receipt  of  your 
despatch,  No.  34,  of  the  21st  instant,  enclosing,  for  submission 
to  His  Excellency  the  Governor  General  in  Council,  the  Peti- 
tion of  the  Legislative  Assembly  of  the  North-West  Territories, 
reaffirming  the  statements  and  renewing  the  prayers  contained 
in  previous  Addresses  to  His  Excellency  dated  the  2nd  day  of 
May,  1900,  and  the  24th  April,  1903. 

In  this  connection  I  may  observe  that  no  Resolutions  of  the 
Legislature  of  the  North- West  Territories  appear  to  have  been 
received  by  the  Secretary  of  State  in  the  year  1900.  A  Resolu- 
tion, dated  the  4th  May,  1900  (not  2nd  of  May),  was  received 
here  on  the  5th  February,  1901,  and  laid  before  His  Excellency 
the  Governor  General  in  Council,  but  the  covering  despatch  does 
not  indicate  the  tenor  of  the  Resolution  in  question. 

In  regard  to  the  Address  of  the  24th  April  last,  which  you 
say  was  sent  to  the  Secretary  of  State  under  cover  of  despatch 
of  even  date,  I  beg  to  say  that  two  despatches  were  received 
from  you  on  the  24th  April,  1903,  the  one  enclosing  an  Address 
from  the  Assembly  upon  the  present  constitutional  and  finan- 
cial condition  of  the  North-West  Territories,  and  the  other 
dealing  with  the  question  of  transportation. 


1232  CANADIAN  ARCHIVES 

The  Secretary  of  State  would  be  glad  to  know  to  which  of 
these  two  subjects  the  Address  of  the  20th  ISTovember,  1903, 
relates,  as  your  despatch  of  the  21st  instant  does  not- disclose 
this  information. 

I  have  the  honour  to  be,  Sir, 
Your  obedient  servant, 

JOSEPH  POPE, 

;  Under  Secretary  of  State. 


60.  Letter  from  Lieutenant  Governor  Forget  to  Secretary  of 
State,  Dec.  5,  1903. 


Regina,  December  5,  1903. 


The  Honourable 

The  Secretary  of  State, 
Ottawa. 


Sir, — I  have  the  honour  to  acknowledge  the  receipt  of  a 
letter  (File  No.  2341)  from  the  Under-Secretary  of  State, 
dated  the  28th  ultimo,  acknowledging  the  receipt  of  my  des- 
patch of  the  21st  November,  covering,  for  submission  to  His 
Excellency  the  Governor  General  in  Council,  the  Petition  of  the 
Legislative  Assembly  of  the  North- West  Territories,  reaffirm- 
ing the  statements  and  renewing  the  prayers  contained  in  pre- 
vious Addresses  to  His  Excellency  dated  the  2nd  May,  1900, 
and  the  24th  April,  1903.  In  this  letter  the  Under-Secretary 
of  State  stated  that  no  Resolutions  of  the  Legislature  of  the 
North-West  Territories  appear  to  have  been  received  by  the 
Secretary  of  State  in  the  year  1900  but  that  a  Resolution  dated 
the  4th  May,  1900,  was  received  in  Ottawa  on  the  5th  Febru- 
ary, 1901,  and  that  the  tenor  of  the  Resolution  is  not  indicated 
in  my  covering  despatch. 

It  is  possible  some  misunderstanding  has  arisen  from  the 
fact  that  reference  is  made  in  the  Under-Secretary  of  State's 
letter  to  a  Resolution,  whereas  the  document  of  May  2nd  for- 
warded by  me  on  July  20,  1900,  was  an  Address,  a  copy  of 
which  I  now  have  the  honour  to  forward  together  with  my  cover- 
ing letter  and  the  acknowledgment  of  its  being  duly  received. 

With  regard  to  the  Address  of  the  24th  April  last,  the  one 
which  is  referred  to  is  the  one  enelosinsi:  an  Address  from  the 


riONEER    LEGISLATION  1233 

Legislative  Assembly  upon  tlie  constitutional  and  financial  con- 
dition of  the  Territories,  of  this  I  also  enclose  a  copy  for  your 
information. 

I  have  the  honour  to  be,  Sir, 

Your  obedient  servant, 

A.  E.  FOKGET, 
Lieutenant  Governor. 


51.  Letter  from  Department  of  Secretary  of  State  to  Lieut- 

enant Governor  Forget,  Dec.  9,  1903. 

His  Honour  Ottawa,  December  9,  1903. 

The  Lieutenant  Governor  of  the  ISTorth-West  Territories, 
Regina,  N'orth-West  Territories. 
Sir, — I  have  the  honour  to  acknovs^ledge  the  receipt  of  your 
despatch  of  the  5th  instant,  and  regret  to  find  that  I  was  in 
error  in  stating  that  no  Addresses  or  Resolutions  of  the  Legis- 
lature of  the  North- West  Territories  appear  to  have  been  re- 
ceived by  the  Secretary  of  State  during  the  year  1900. 

Your  despatch  of  the  20th  July,  1900,  and  accompanying- 
Address  were  duly  received  and  laid  before  His  Excellency  the 
Governor  General  in  Council  on  the  25th  of  the  same  month. 
The  Secretary  of  State  will  take  the  same  action  with  respect 
to  the  despatch  and  enclosures  of  the  21st  November  last. 

I  trust  that  Your  Honour  will  be  so  good  as  to  accept  my 
apologies  for  the  error  into  which  I  was  inadvertently  led. 
I  have  the  honour  to  be.  Sir, 
Your  obedient  servant, 

JOSEPH  POPE, 
Under-Secretary  of  State. 

52.  Letter  from    Premier   Haultaln    to  Sir    Wilfrid   Laurier, 

May  19,  190  J,. 

The  Right  Honourable  Ottawa,  May  19,  1904. 

Sir  Wilfrid  Laurier,  G.C.M.G., 

President  of  the  Privy  Council, 
Ottawa. 
SiR^ — On  several  occasions  since  the  Second  Day  of  Maj, 
1900,  I  have  had  the  honour  to  direct  the  atteention  of  the  I)o- 

28159—78 


1234  CANADIAN  ARCHIVES 

njinion  Government,  both  through  yourself  and  the  Minister  of 
the  Interior,  to  the  Memorial  of  the  Legislative  Assembly  of 
the  Territories,  adopted  on  that  date,  asking  that  the  prelimin- 
ary steps  should  be  taken  towards  the  creation  of  Provincial 
Institutions  in  that  portion  of  the  Dominion.  You  will,  I 
have  no  doubt,  recall  the  conference  held  in  the  fall  of  1901  by 
a  subcommittee  of  the  Privy  Council,  of  which  you  were  a 
niember,  wdth  my  then  colleague,  Mr.  A.  L.  Sifton,  and  my- 
self on  behalf  of  the  Territorial  Government ;  and  you  will  also 
Le  familiar  with  the  extended  statement  setting  forth  our  views 
and  crystallizing  them,  as  it  were,  in  the  form  of  a  draft  Bill, 
submitted  by  myself  on  December  7,  1910,  at  your  request. 
I  presume  you  are  also  acquainted  with  the  nature  of  the 
communication  sent  to  me  by  the  Hon.  the  Minister  of  the  In- 
terior in  March,  1902,  in  which  it  was  intimated  that  the  condi- 
tions with  respect  to  population  and  alleged  divergence  of  opin- 
ion in  the  Territories  upon  details  of  the  question  were  sufficient 
reasons,  in  the  opinion  of  the  Dominion  Government,  for  not 
discussing  our  representations.  As  the  correspondence  has  been 
laid  before  Parliament  I  assume  that  you  are  aware  in  January, 
1903,  I  addressed  a  communication  to  the  Hon.  Mr.  Sifton  in 
which  I  took  occasion  to  point  out  that  in  May,  1902,  I  sub- 
mitted the  issue  to  the  people  of  the  Territories,  with  the  re- 
sult that,  without  exception,  every  member  of  the  Legislative 
Assembly  supports  the  contentions  of  this  Government  upon  the 
question  of  the  urgency  of  carrying  on  the  negotiations  and  tak- 
ing accounts  looking  toward  the  establishment  of  the  Territories 
upon  the  Provincial  basis,  no  matter  what  their  views  upon 
other  subjects  may  be.  This  statement  is  based,  amongst  other 
reasons,  upon  the  fact  that  even  as  late  as  the  Twentieth  day  of 
ISTovember  last  the  members  of  the  Assembly  unanimously 
adopted  a  resolution  to  present  an  humble  Address  to  His  Ex- 
cellency the  Governor  in  Council  reaffirming  the  statements 
and  renewing  the  prayers  upon  the  subject  of  the  Provincial 
establishment  contained  in  their  Addresses  to  His  Excel- 
lency, of  the  Second  day  of  May,  1900,  and  the  Twenty-fourth 
day  of  April,  1903. 

To  all  these  addresses  and  supplementary  correspondence 
the  only  replies  we  have  been  favoured  with  from  the  Dominion 
Government  have  been  the  letter,  referrpd  to  "bove,  f^om  the 
Hon.  the  Minister  of  the  Interior,  dated  on  March  the  27th, 
1902,  and  another  from  yourself  dated  on  June  the  8th,  1903, 
I  deem  it  necessary  in  this  connection  to  impress  this  fact  upon 


PIONEEE    LEGISLATION  1235 

you,  namely,  that  the  Members  of  the  Legislative  Assembly  are 
closely  in  touch  with  the  people  of  this  country,  and  they,  one 
and  all,  have  repeatedly  expressed  opinions  entirely  contrary  to 
those  which  have  apparently  determined  your  action  on  this 
question.  Further — and  I  make  this  statement  advisedly — 
of  the  35  members  of  the  Assembly  one-half  are  well  kno\vn  to 
be  in  active  sympathy  with  yourself  and  your  Government^ 
and  these  gentlemen  are  in  full  -accord  with  the  other  members 
of  the  House  upon  this  subject.  I  might  also  refer  to  the  fact 
that  some,  at  least,  of  the  political  conventions  at  present  be- 
ins  held  in  the  Territories  for  the  selection  of  candidates  re- 
presenting  your  party,  and  which  are  being  largely  guided  by 
members  of  our  Legislature,  are  adopting;  resolutions  calling 
npon  your  Government  to  take  up  the  question  of  our  Provin- 
cial establishment  and  carry  it  to  a  satisfactory  conclusion.  I 
think  it  becoming  to  mention  these  matters  at  this  time,  as  it 
teems  to  me  that  they  are  in  themselves  evidence  that  the  advice 
tendered  to  you  by  some  of  your  supporters  in  Parliament  from 
the  Territories  has  not  been  in  accord  with  the  desires  of  the 
people  as  they  are  giving  expression  to  them. 

I  need  not  urge  you  to  deal  with  this  matter  upon  other 
grounds,  for  I  have  already  done  so  ls  fully  as  I  am  able  to  do, 
und  it  only  remains  for  me,  on  behalf  of  the  Government  of  the 
Territories,  to  give  point  to  the  representations  of  the  Legisla- 
tive Assembly  by  demanding,  with  all  respect,  that  your  Govern- 
ment will  take  up  the  negotiations  at  the  point  where  they  were 
carried  to  by  my  letter  of  December  7,  1901,  and  continue 
them  until  the  matters  involved  are  settled.  In  doing  so  I  have 
to  say  that  we  request  that,  at  the  earliest  possible  dnte  after 
the  conclusion  of  the  negotiation  and  settlement  of  the  accounts 
between  the  Dominion  and  the  Territories,  legislation  be  intro- 
duced into  Parliament  organizing  upon  the  Provincial  basis 
that  portion  of  the  ISTorth-West  Territories  lying  between  the 
Avestern  boundary  of  Manitoba  and  the  eastern  slope  of  the 
Rocky  Mountains,  and  extendins;  northward  from  the  Inter- 
national boundary  and  the  Northern  boundary  of  Manitoba  as 
far  into  the  district  of  Athabasca  as  may  be  decided  upon.  We 
further  ask  that,  whatever  else  it  includes,  the  legislation  in- 
troduced shnll  contain  provision  for — 

(1)   The  application  of  the  British  iN'orth  America  Act  as 
far  as  possible  to  the  area  dealt  with ; 
.  28159— 78i 


1236  CAIfADIAN    ARCHIVES 

(2)  Adequate  representation  in  both  Houses  of  Parliament^ 
bearing  in  mind  the  difference  in  the  ratio  of  increase  in  the 
population  in  the  Territories  from  that  of  the  longer  settled 
parts  of  the  Dominion ; 

(3)  Government,  Legislature,  and  the  administration  of 
Justice ; 

(4)  The  i)reservation  of  vested  rights; 

(5)  The  transfer  of  the  public  domain  with  all  Territorial 
rights  and  the  beneficial  interest  therein  involved ; 

(6)  A  subsidy  based  as  nearly  as  may  be  upon  those  given 
to  the  Provinces ; 

(7)  Remuneration  for  that  part  of  the  public  domain  alien- 
ated by  the  Dominion  for  purely  Federal  purposes ;  and 

(8)  The  placing  of  the  burden  of  the  Canadian  Pacific  ex- 
emption upon  the  Dominion,  where  it  properly  belongs. 

In  conclusion,  I  beg  to  be  permitted  to  state  that  all  these 
matters  have  been  repeatedly  brought  to  the  notice  of  your  Gov- 
ernment, and  I  trust  they  will  now  receive  some  consideration 
fit  your  hands. 

I  have  the  honour  to  be,  Sir, 

Your  obedient  servant, 

F.  W.  G.  HAULTAIN. 


53. Letter  from   Premier  Haultaln    to   Sir    Wilfrid   Laurler, 

May  19,  190  J^. 

The  Honourable  OTTAWA,]\Iay  19,  1901. 

Sir  Wilfrid  Laurler,  G.C.M.G., 

President  of  the  Privy  Council. 
Ottawa. 

Sir, — In  the  course  of  the  correspondence  which  I  had  with 
you  last  year  on  the  subject  of  the  creation  of  a  Province  in  the 
Territories,  you  informed  me  that  on  account  of  the  delay  in  the 
formation  of  a  Province  the  Territories  were  enabled  to  secure 
larger  representation  in  the  House  of  Commons.  While  not 
agreeing  with  the  arguments  which  you  advanced  on  this  ques- 
tion, but  still  believing  that  the  most  important  question  for  the 
Territories  is  the  obtaining  of  full  Provincial  powers,  I  would 
like  to  point  out  to  you  that  if  the  larger  representation  in  the 


PIONEEK    LEGISLATION  1237 

Commons  is  to  be  regarded  as  a  set-off  to  our  demand  for  Pro- 
vincial powers  we  have  not  received  that  representation  under 
the  new  Redistribution  Act  to  which  we  are  entitled.  Your 
letter  pointed  out  that  by  the  postponement  of  the  Provincial 
question  you  were  able  to  deal  with  the  question  of  Territorial 
representation  apart  from  the  terms  of  The  British  North 
America  Act,  which  in  the  event  of  the  establishment  of  the 
Province  would  apply.  I  would  therefore  call  your  attention 
to  the  fact  that  accordins;  to  the  figures  given  by  the  Department 
of  the  Interior  our  population  at  present  is  about  450,000,  and 
that  on  the  present  basis  of  representation  we  are  entitled  to 
eighteen  members  instead  of  the  ten  given  us  under  the  Redis- 
tribution Act.  This  representation  of  ten,  which  is  at  the  pre- 
sent time  far  below  what  we  are  actually  entitled  to  on  popula- 
tion, will,  long  before  the  first  Parliament  elected  under  the  new 
Act  has  come  to  an  end,  be  still  more  inadequate.  I  would 
therefore  ask  you  to  consider  the  question  of  amending  the  Re- 
distribution Act  before  the  next  General  Elections,  and  of  grant- 
ing to  the  Territories  at  least  the  representation  which  they  are 
actually  entitled  to  at  the  present  time,  if  not  a  representation 
based  upon  a  reasonable  expectation  of  increased  population  be- 
tween now  and  next  Dominion  census.  If  we  were  a  Province 
at  the  present  time  we  would  be  entitled  to  the  representation 
which  I  am  asking  for. 

I  have  the  honour  to  be.  Sir, 
Your  obedient  servant, 

P.  W.  G.  HAULTAIN. 


5 Jf. Letter  from  Premier  Haultain  to  the  Minister  of  the  In- 
terior, May  19, 190  Jt. 

Hon.  Clifford  Sifton,  Ottawa,  May  19,  1904. 

Minister  of  the  Interior, 

Ottawa. 
Sir,— On  December  17,  1902,  Mr.  A.  L.  Sifton,  as  Trea- 
surer of  the  North-West  Territories,  submitted  a  statement  of 
estimated  amounts  required  to  be  provided  by  Parliament  for 
the  services  of  the  Territories  falling  within  the  control  of  the 
Legislative  Assembly  during  the  year  1903.  The  statement 
covered  the  following  details : 


1238  CANADIAN  ARCHIVES 

Civil  Government $80,000.00 

Legislation 45,000.00 

Administration  of  Civil  Justice  &  Ordinances  20,000.00 

Public  Works 400,000.00 

Education 250,000.00 

Agriculture  and  Statistics 50,000.00 

Hospitals,  Charities  and  Public  Health  .  .  25,000.00 

Miscellaneous  services  not  grouped  above.  .  10,000.00 

$880,000.00 

On  February  21,  1903,  at  the  request  of  Sir  Wilfrid  Laur- 
ier  and  yourself,  I  submitted  a  statement  furnishing  full  de- 
tails of  the  above  estimates,  at  the  same  time  taking  occasion  to 
point  out  that  such  had  been  the  unexpected  increase  in  the  de- 
mands for  schools,  arising  from  the  great  increase  in  our  popu- 
lation, that  I  felt  it  necessary  to  amend  the  estimate  for  "  Edu- 
cation" by  $16,000.00  thus  making  the  total  estimated  require- 
ments for  the  year  1903  to  be  $896,000. 

To  meet  our  estimated  expenditures — which  were  shown  in 
my  communication  of  February  21  to  be  far  short  of  the  pub- 
lic necessities — we  received  the  following  sums : 

One  half  of  the  grant  for  1902-3  : 

Paid  in  January  1903 $228,989.50 

One  half  of  the  grant  for  1903-4  due 
in  July,  1903  but  paid  in  two  in- 
stalments  as  follows : 

1.  July  20 91,595.80 

2.  November  2nd  .  .   .  .     262,393.Y0 


353,989.50 

$582,979.00 

No  reference  is  here  made  to  the  supplementary  vote  of 
$250,000.00  to  cover  our  overdraft  of  1902,  as  that  stands  by 
itself  and  has  no  connection  with  our  estimates  for  1903  or 
1904. 

We  thus  practically  received  some  $300,000.00  less  than  the 
amount  required  to  meet  our  public  obligations,  and  in  conse- 
quence have  had  to  curtail  our  expenses.  Every  work  required 
and  not  done  in  1903  is  calling  for  attention  in  1904,  in  ad- 
dition to  other  and  largely  increased  necessities.     This  year 


\ 


PIONEEK    LEGISLATION  1239 

we  require  at  least  $1,000,000.00  to  perform  the  services  placed 
upon  us  bj  Parliament,  one  half  of  which  amount  we  expect 
to  be  called  upon  to  expend  upon  public  works.  Our  other  ser- 
vices are  so  inelastic  that  whatever  amount  w^e  fall  short  of  the 
sum  above  stated  will  necessarily  have  to  be  withdrawn  from 
the  expenditure  upon  roads,  bridges  and  similar  public  neces- 
saries. 

It  may  occur  to  you  that  Parliament  made  other  provision 
'for  expenditure  upon  public  works  in  the  Territories  that  has 
not  been  here  mentioned,  and  which  might  possibly  be  utilized. 
In  that  connection  I  have  first  to  say  that  our  public  works 
expenditure  during  1904  does  not  contemplate  such  works  as 
properly  range  themselves  with  "  capital  "  expenditure.  Had 
T^he  Legislative  Assembly  decided  to  make  any  such  expendi- 
tures authority  for  so  doing  would  more  properly  form  the  sub- 
ject of  a  separate  communication,  without  any  connection 
whatever  with  the  sums  under  consideration. 

But  apart  from  that  I  have  to  remind  you  of  the  nature  of 
the  statements  made  to  you  every  year  since  your  accession  to 
office  and  which  are  well  summarized  in  the*  concluding  words 
of  Mr.  A.  L.  Sifton's  letter  addressed  to  yourself  on  January 
9,  1903,  which  I  here  quote: 

The  Territories  having  all  their  assets  in  the  hands  of  the  Dominion 
Government  must  therefore  depend  upon  the  Dominion  Government  for 
this  source  of  revenue,  as  well  as  for  the  annual  subsidy  which  they  re- 
ceive for  ordinary  services,  and  until  such  time  as  the  Dominion  Govern- 
ment is  prepared  to  assume  the  responsibility  for  the  formation  of  a 
Province,  or  Provinces,  upon  terms  which  will  enable  them  to  assume 
their  own  responsibilities,  and,  if  they  so  desire,  incur  their  own  lia- 
bilities, it  rests  with  the  Dominion  Government  to  furnish  the  necessary 
means  to  carry  on  the  work  in  a  proper  manner  corumensurate  with  the 
work  that  is  done  in  the  other  Provinces  of  the  Dominion. 

I  am  enclosing  two  statements,  one  of  which  will  show  you 
the  amount  of  work  done,  and  taxation  imposed  upon  them- 
selves, by  the  people  of  the  Territories  during  the  year  1903. 

With  regard  to  the  work  and  taxation,  you  will  see  from 
the  statements  that  work  to  the  extent  of  $223,655.00  w^as 
actually  performed  during  the  year.  The  school  statement 
shows  that  during  last  year  we  actually  created  133  new  school 
districts.  I  may  add  that  we  have  already  at  this  date  formed 
or  are  in  the  process,  of  forming  a  similar  number  this  year  and 
we  calculate  that  we  will  establish  at  least  200  new  districts 
before  the  end  of  the  year.  We  only  begin  to  feel  the  effects 
of  the  large  immigration  the  second  year  after  it  has  come  in, 
and  during  this  year  and  every  succeeding  year  our  necessities 
vnll  increase  very  much  more  largely  in  proportion  to  other 


1240  CANADIAN    ABCrilVES 

years.     The    statement    also    shows    the    amount    of    taxation 
imposed  by  the  people  themselves  for  school  purposes. 

These  two  statements  will  I  think  speak  for  themselves, 
and  it  will  be  quite  imnecessary  for  me  to  inform  you  with 
regard  to  the  increased  numbers  of  people  who  are  coming 
into  the  Territories  this  year.  Under  all  the  circumstances,  and 
in  view  of  the  inadequate  amount  supplied  to  us  last  year,  I  feel 
I  am  quite  within  the  mark  and  making  a  very  modest  request 
when  I  ask  for  an  increase  of  $400,000,000,  at  least,  for  the 
coming  Dominion  year. 

I  have  the  honour  to  be,  Sir, 

Your  obedient  servant, 
F.  W.  G.  HAULTAIF. 

Schools  in  Operation. 

IsTo.   in  operation  in  1901 682 

.  Increase  for  the  vear 89 

'No.  in  operation  in  1902 783 

Increase  for  the  year 101 

No.   in  operation  in  1903 916 

Increase  for  the  year 133 

No.  in  operation  in  1904   (estimated) 1,116 

Increase  for  the  year  (estimated)  .  .    .  .  200 

I^ote:  Each  room  in  operation  to  which  grant  is  paid  is 
classed  as  a  school. 

Taxation. 

The  returns  received  by  the  Department  for  1903  show  that 
The  Taxes  collected  by  rural  districts  amount  to     $225,198.19 

The  Taxes  collected  by  town  and  village  districts 

amount  to 192,540.24 


Total $417,738.43 

The  average  rate  of  taxation  for  1903  as  nearly  as  can  be 

estimated  with  the  figures  at  hand  was, — 

In  rural  districts  about  4c.  per  acre. 

In  town  and  village  districts  about  8  mills  on  the  dollar. 

Kote:   (1)   In  rural  districts  the  rate  of  taxation  varies 

from  2  cents  to  10  cents  per  acre.     There  are  a  great  many 


PIONEER    LEGISLATION  1241 

districts  that  levy  rates  of  5  cents,  6,  7  and  8  cents  per  acre. 
In  town  and  village  districts  from  10  to  15  mills  on  the  dollar 
is  not  an  uncommon  tax. 

(2)  While  the  above  figures  show  the  amount  of  taxes  col- 
lected there  is  a  very  large  sum  of  arrears  of  taxes  outstanding 
— probably  $150,000.  These  arrears  are  due  principally  on 
railway  and  other  lands  which  w^ere  purchased  by  speculators 
during  the  past  year  and  a  half.  In  order  to  make  up  the  de- 
ficit caused  by  the  nonpayment  of  these  arrears  trustees  have 
had  to  borrow  large  sums  by  note.  The  figures  given  therefor 
do  not  accurately  indicate  the  amount  required  to  be  raised  by 
taxation  to  maintain  our  schools. 

Debenture  indebtedness,  1903. 

171  districts  w^ere  authorized  to  borrow  $210,760.00. 
159     districts  registered  debentures  amounting  to  $205^- 
210.00. 

Public  Works  Taxation. 

Statement  showing  approximate  value  of  work  performed  in 
small  Local  Improvement  Districts  during  the  year  1903. 

Implements    purchased $10,000i.,00 

664:  days  wwk  with  road  grader  at  $3.00.  1,992.00 

605  miles  fireguard  ploughed  at  $10.00.  6,050.00 

727  miles  road  graded  at  $20.00 14,540.00 

464  miles  road  cleared  at  $10.00 4,640.00 

2,218  small  bridges  built,  at  $30.00.  .  .   .  66,540.00 

1,179  small  bridges  repaired  at  $10.00   .  .  11,790.00 

36  dams  built  at  $75.00 2,700.00 

92  dams  repaired  at  $25.00 2,300.00 

3,337  sloughs  and  holes  filled  at  $10.00  .  .  33,370.00 

50,970  yds.  corduroy  completed  at  75  cents  38,227.50 


$192,149.50 
Amount  raised  by  two  rural  municipali- 
ties   31,506.00 


$223,655.50 


1242  CANADIAN  ARCHIVES 

5 5. Letter    from  Sir   Wilfrid  Laurier  to   Premier  Haultain, 

Sept.  30,  190 Ji. 

Pkivy  Council^ 

Hon.  r.  W.  G.  Haultain,  Ottawa,  Sept.  30,  1904. 

Eegina,  Assa., 

Dear  Sir, — My  attention  has  been  called  to  the  fact  that 
there  has  been  no  reply  sent  to  your  letters  of  May  19th  and 
June  1st  respectively. 

In  regard  to  the  subject  raised  in  the  letter  of  May  19th 
permit  me  to  say  that  I  do  not  think  that  I  upon  any  occasion 
indicated  an  opinion  that  larger  representation  in  the  House 
of  Commons  was  to  be  regarded  as  a  set-off  to  the  demands  of 
the  ISTorth-West  Territories  for  provincial  powers.  I  merely 
pointed  out  that  the  action  of  my  Government  in  declining  to 
introduce  legislation  to  constitute  the  ISTorth-West  Territories 
into  a  Province  at  the  time  when  your  Government  requested 
it  had  resulted  in  an  increased  number  of  representatives  being 
granted  to  the  N'orth-West  Territories  in  the  House  of  Com- 
mons. Had  the  request  for  provincial  autonomy  been  "v  "  '1 
when  it  was  made  the  representation  would  necessarily  have 
been  governed  bv  The  British  ISTorth  America  Act,  and  you 
would  now  have  been  entitled  to  six  members,  which  could  not 
have  been  increased  until  the  decennial  readjustment  of  repre- 
sentation. By  reason  of  the  fact  that  the  !N"orth-West  Territor- 
ies still  remains  without  provincial  autonomy  we  have  been  able 
to  deal  more  liberally  in  that  respect.  It  was  not  suggested 
that  the  Territories  were  entitled  to  call  for  an  annual  refia- 
justment  of  its  representation  on  the  basis  of  population,  nor  do 
I  think  that  any  precedent  can  be  found  in  constitutional  prac- 
tice for  such  a  su2r2:estion.  The  number  of  members  granted 
in  the  last  Redistribution  Act  was  based  upon  a  somewhat  liber- 
al computation  of  the  population  as  presumed  to  exist  at  the 
time  when  the  Act  was  introduced.  The  question  as  to  what 
should  be  the  representation  of  the  Territories  when  they  are 
constituted  into  a  province  or  provinces  is  one  which  will  call 
for  renewed  consideration  when  the  question  of  provincial 
autonomy  is  dealt  with. 

In  reference  to  your  letter  of  the  1st  of  June  I  do  not  think 
that  I  need  discuss  at  leng^th  the  representations  which  it  con- 
tains further  than  to  intimate  my  opinion  that  circumstances 
have  justified  the  wisdom  of  the  course  adopted  by  my  Govern- 


PIONEEE    LEGISLATION  1243 

meiLt  in  declining  to  deal  finally  two  years  ago  with  the  many 
important  questions  involved  in  the  admission  of  the  North- 
West  Territories  into  confederation  as  a  province  or  provinces. 
Rapid  development  has  taken  place  in  the  North-West  Terri- 
tories during  the  intervenins;  period  and  I  am  inclined  to  the 
view  that  all  those  who  will  be  called  upon  to  give  consideration 
to  the  subject  will  be  in  a  position  to  deal  with  it  in  the  near 
future  with  the  advantage  of  fuller  and  mo"re  comprehensive 
information  than  could  possibly  have  been  available  two  years 
ago.  You  will  have  learned  prior  to  the  receipt  of  this  letter 
that  Parliament  has  been  dissolved.  The  new  House  of  Com- 
mons will  contain  not  four  but  ten  representatives  of  the  North- 
West  Territories  who  coming  fresh  from  the  people  will 
be  entitled  to  speak  with  confidence  as  to  the  views  and  require- 
ments of  those  whom  they  represent.  Should  my  Government 
be  sustained  we  will  be  prepared  immediately  after  the  elec- 
tion to  enter  upon  negotiations  for  the  purpose  of  arriving  at  a 
settlement  of  the  various  questions  involved  in  the  granting  of 
provincial  autonomy  with  a  view  to  dealing  with  the  question  at 
the  next  session  of  Parliament, 

Yours  respectfully, 

WILFRID  LAURIER. 

56. Letter  from   Pr'emier  HauUain   to   Sir    Wilfrid   Laurier, 

Oct.  5,  190 J^. 

Executive  Council^ 
The  Right  Honourable  Regina,  October  5,  1904. 

Sir  Wilfrid  Laurier,  G.C.M.G., 

President  of  the  Privy  Council, 
Ottawa. 
Sir, — I  have  the  honour  to  acknowledge  receipt  of  your  let- 
ter of  the  30th  ultimo,  in  which  you  inform  me  that  your  at- 
tention has  been  called  to  the  fact  that  there  had  been  no  reply 
sent  to  my  letters  of  May  19  and  June  1,  that  Parliament  had 
been  disolved,  and  that  if  your  Government  is  sustained  you 
will  be  prepared,  immediately  after  the  election,  to  enter  upon 
negotiations  for  the  purpose  of  arriving  at  a  settlement  of  the 
various  questions  involved  in  the  granting  of  provincial  auton- 
omy with  a  view  to  dealing  with  the  question  at  the  next  session 
of  Parliament. 

I  have  the  honour  to  be,  Sir, 

Your  obedient  servant, 

F.  W.  G.  HAULTAIN. 


1244  CANADIAN  ARCHIVES 

The  Alberta  Act. 

4  AND  5  Edward  VII.,  Chapter  3. 
An  Act  to  establish  and  provide  for  the  Government  of  the 
Province  of  Alberta. 

^Assented  to  20th  July,  1905.'] 
Preamble.  Whereas  in  and  by  The  British  North  America 

Act,  1871,  being  chapter  28  of  the  Acts  of  the 
Parliament  of  the  United  Kingdom  passed  in  the  session 
thereof  held  in  the  34th  and  35th  years  of  the  reign  of  Her 
late  Majesty  Queen  Victoria,  it  is  enacted  that  the  Parlia- 
ment of  Canada  may  from  time  to  time  establish  new  provin- 
ces in  any  territories  forming  for  the  time  being  part  of 
the  Dominion  of  Canada,  but  not  included  in  any  province 
thereof,  and  may,  at  the  time  of  such  establishment,  make 
provision  for  the  constitution  and  administration  of  any  such 
province,  and  for  the  passing  of  laws  for  the  peace,  order 
and  good  government  of  such  province,  and  for  its  representa- 
tion in  the  said  Parliament  of  Canada ; 

And  whereas  it  is  expedient  to  establish  as  a  province  the 
territory  hereinafter  described,  and  to  make  provision  for  the 
government  thereof  and  the  representation  thereof  in  the  Par- 
liament of  Canada:  Therefore  His  Majesty,  by  and  with  the 
advice  and  consent  of  the  Senate  and  House  of  Commons  of 
Canada,  enacts  as  follows: — 

Short  title.  1.  xhis  Act  may  be  cited  as  The  Alberta  Act. 

Aib'^t"^^^^  2.  The  territory  comprised  within  the  following 

formed:  its  boimdarics,  that  is  to  say, — commencing  at  the  in- 
boundaries.  tcrscction  of  the  International  boundary  dividing 
Canada  from  the  United  States  of  America  by 
the  fourth  meridian  in  the  system  of  Dominion  land  sur- 
veys; thence  westerly  along  the  said  international  boun- 
dary to  the  eastern  boimdary  of  the  Province  of  British 
Columbia ;  thence  northerly  along  the  said  eastern  boundary  of 
the  province  of  British  Columbia  to  the  north-east  corner  of  the 
said  province ;  thence  easterly  along  the  parallel  of  the  sixtieth 
degree  of  north  latitude  to  the  fourth  meridian  in  the  system  of 
Dominion  lands  surveys  as  the  same  may  be  hereafter  defined 
in  accordance  with  the  said  system;  thence  southerly  along  the 
said  fourth  meridian  to  the  point  of  commencement, — is  hereby 
established  as  a  province  of  the  Dominion  of  Canada,  to  be 
called  and  known  as  the  province  of  Alberta. 


PIONEER    LEGISLATION  1245 

3.  The  provisions  of  The  British  North  America  ^■^■^-  ^^^^' 
Acts,  1867  to  1886,  shall  apply  to  the  province  oi  to  apply. 
Alberta  in  the  same  way  and  to  the  like  extent 

as  the  apply  to  the  provinces  heretofore  comprised  in  the  Domin 
ion,  as  if  the  said  province  of  Alberta  had  been  one  of  the 
provinces  originally  united,  except  in  so  far  as  varied  by  this 
Act  and  except  such  provisions  as  are  in  terms  made,  or  by 
reasonable  intendment,  may  be, held  to  be  specially  applicable 
to  or  only  to  affect  one  or  more  and  not  the  whole  of  the  said 
provinces. 

4.  The  said  province  shall  be  represented  in  the  Representa- 
Senate  of  Canada  by  four  members:  Provided  that  senate. 
such  representation  may,  after  the  completion  of  the 

next  decennial  census,  be  from  time  to  time  increased  to  six  by 
the  Parliament  of  Canada. 

5.  The  said  province  and  the  province  of  Sas-  Representa- 

11  1     11  -1      1  •  •  c     1        -Tk  ^^^^  '"  the 

katchewaii  shall,  until  the  termination  oi  the  Par-  House  of 
liament  of  Canada  existing  at  the  time  of  the  first  commons, 
readjustment  hereinafter  provided  for,  continue  to  be  repre- 
sented in  the  House  of  Commons  as  provided  by  chapter  60  of 
the  statutes  of  1903,  each  of  the  electoral  districts  defined  in 
that  part  of  the  schedule  to  the  said  Act  which  relates  to  the 
North-west  Territories,  whether  such  district  is  wholly  in  one 
of  the  said  provinces,  or  partly  in  one  and  partly  in  the  other 
of  them,  being  represented  by  one  member. 

6.  Upon  the  completion  of  the  next  quinquennial  Readjust- 
census  for  the  said  province,  the  representation  there-  next  quin- 
of  shall  forthwith    be    readjusted    by    the    Parlia-  ^ensus^^ 
ment  of  Canada  in  such  mamier  that  there  shall 

be  assigned  to  the  said  province  such  a  niunber  of  mem- 
bers as  will  bear  the  same  proportion  to  the  number  of  its 
})opulation  ascertained  at  such  quinquennial  census  as  the  num- 
ber sixty-five  bears  to  the  number  of  the  population  of  Quebec 
as  ascertained  at  the  then  last  decennial  census ;  and  in  the 
computation  of  the  number  of  members  for  the  said  province  a 
fractional  part  not  exceeding  one-half  of  the  whole  number 
requisite  for  entitling  the  province  to  a  member  shall  be  dis- 
regarded, and  a  fractional  oart  exceeding  one-half  of  that  num- 
ber shall  be  deemed  equivalent  to  the  whole  number,  and  such 
readjustment  shall  take  effect  upon  the  termination  of  the  Par- 
liament then  existinir. 


1246  CANADIAN  ARCHIVES 

Subsequent  2.  The  representation  of  the  said  province  shall 

ments.  thereafter  be  readjusted  from  time  to  time  according 

to  the  provisions  of  section  51  of  The  British  North 
America  Act,  1867. 

Election  of  7.  Until  the  Parliament  of  Canada  otherwise 

members  of  ,.^.  »  p         ^         ^        • 

House  of  provides,  the  qualiiications  oi  voters  lor  the  election 
Commons.  q£  members  of  the  House  of  Commons  and  the  pro- 
ceedings at  and  in  connection  with  elections  of  such 
members  shall,  mutatis  mutandis,  be  those  prescribed  by  law  at 
the  time  this  Act  comes  into  force  with  respect  to  such  elections 
in  the  I^orth-west  Territories. 

Executive  8.  The  Executive  Council  of  the  said  province 

shall  be  composed  of  such  persons,  under  such 
designations,  as  the  Lieuteenant  Governor  from  time  to  time 
thinks  fit. 

Seat  of  9.  Unless  and  until  the  Lieutenant  Governor  in 

Council  of  the  said  province  otherwise  directs,  by 
proclamation  under  the  Great  Seal,  the  seat  of  government  of 
the  said  province  shall  be  at  Edmonton. 

Powers  of  10.  AH  powers,  authorities  and  functions  which 

Lieutenant  ,  ,-^  i     j-  1  •         •  j>  j- 

Governor  Under  any  law  were  beiore  the  coming  into  lorce  oi 
and  Council,  j-j^jg  ^^^  vested  in  or  exercisable  by  the  Lieutenant 
Governor  of  the  North-west  Territories,  with  the  advice,  or  with 
the  advice  and  consent,  of  the  Executive  Council  thereof,  or  in 
conjunction  with  that  Council  or  with  any  member  or  members 
thereof,  or  by  the  said  Lieutenant  Governor  individually,  shall, 
so  far  as  they  are  capable  of  being  exercised  after  the  coming 
into  force  of  this  Act  in  relation  to  the  government  of  the  said 
province,  be  vested  in  and  shall  or  may  be  be  exercised  by  the 
Lieutenant  Governor  of  the  said  province,  with  the  advice  or 
with  the  advice  and  consent  of,  or  in  conjunction  with,  the 
Executive  Council  of  the  said  province  or  any  member  or  mem- 
bers thereof,  or  by  the  Lieutenant  Governor  individually,  as  the 
case  requires,  subject  nevertheless  to  b  abolished  or  altred  by  the 
Legislature  of  the  said  Province. 

Great  Seal.  n.  -j'j^g  Lieutenant  Governor  in  Council  shall, 

as  soon  as  may  be  after  this  Act  comes  into  force, 
adopt  and  provide  a  Great  Seal  of  the  said  province,  and  may, 
from  time  to  time,  change  such  seal. 


PIONEER    LEGISLATION  1247 

12.  There  shall  be  a    Legislature    for   the    said  Legislature. 
province  consisting  of  the  Lieutenant  Governor  and 

one  House  to  be  styled  the  Legislative  Assembly  of  Alberta. 

13.  Until   the   said   Legislature   otherwise   pro-  legislative 
vides,  the  Legislative  Assembly  shall  be  composed  of 
twenty-five  members,  to  be  elected  to  represent  the  electoral" 
divisions  defined  in  the  schedule  to  this  Act. 

14.  Until  the  said  Legislature  otherwise  deter-  Election  of 

o  members  or 

mines,  all  the  provisions  of  the  law  with  regard  to  the  Assembly. 
constitution    of   the    Legislative    Assembly    of    the 
Xorth-West  Territories  and  the  elections  of  members  thereof 
shall  apply,  mutatis  mutandis,  to  the  Legislative  Assembly  of 
the  said  province  and  the  elections  of  members  thereof  respec- 
tively. 

15.  The  writs  for  the  election  of  the  members  of  ^J^^^  ^°^ 
the  first  Legislative  Assembly  of  the  said  province  election. 
shall  be  issued  by  the  Lieutenant  Governor  and  made 
returnable  within  six  months  after  this  Act  comes  into  force. 

16.  All  laws  and  all  orders  and  regulations  made  ^^7  courts 

.    ®        .  .  ,     fi'itl  officers 

thereunder,  so  far  as  they  are  not  inconsistent  with  continued. 
anything  contained  in  this  Act,  or  as  to  which  this 
Act  contains  no  provision  intended  as  a  substitute  therefor,  and 
all  courts  of  civil  and  criminal  jurisdiction,  and  all  commis- 
sions, powers,  authorities  and  functions,  and  all  officers  and 
functionaries,  judicial,  administrative  and  ministerial,  existing 
immediately  before  the  coming  into  force  of  this  Act  in  the  ter- 
ritory hereby  established  as  the  province  of  Alberta,  shall  con- 
tinue in  the  said  province  as  if  this  Act  and  The  Saskatchewan 
Act  had  not  been  passed;  subject,  nevertheless,  except  with 
respect  to  such  as  are  enacted  by  or  existing  under  Acts  of  the 
Parliament  of  Great  Britain,  or  of  the  Parliament  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  to  be  repealed,  abolish- 
ed or  altered  by  the  Parliament  of  Canada,  or  by  the  Legislature 
of  the  said  province,  according  to  the  authority  of  the  Parlia- 
ment, or  of  the  said  Legislature :  Provided  that  all  Proviso, 
powers,  authorities  and  functions  which  under  any 
law,  order  or  regulation  were,  before  the  coming  into  force  of 
this  Act,  vested  in  or  exercisable  by  any  public  officer  or  func- 
tionary of  the  North-west  Territories  shall  be  vested  in  and 
exercisable  in  and  for  the  said  province  by  like  public  officers 
and  functionaries  of  the  said  province  when  appointed  by  com- 
petent authority. 


1248  CANADIAN  ARCHIVES 

Province  2.   The  Legislature  of  the  province  may,  for  all 

supieme''^'^  purposes  affecting  or  extending  to  the  said  province, 
Court  of  abolish  the  Supreme  Court  of  the  North-west  Terri- 
^■^■^-  tories,  and  the  offices,  both  judicial  and  ministerial, 

thereof,  and  the  jurisdiction,  powers  and  authority  belonging 
or  incident  to  the  said  court:  Provided  that,  if,  upon  such 
Proviso.  abolition,  the  Legislature  constitutes  a  superior 
court  of  criminal  jurisdiction,  the  procedure  in 
criminal  matters  then  obtaining  in  respect  of  the  Supreme 
Court  of  the  North-West  Territories  shall,  until  otherwise  pro- 
vided by  competent  authority,  continue  to  apply  to  such  superior 
court,  and  that  the  Governor  in  Council  may  at  any  time  and 
from  time  to  time  declare  all  or  any  part  of  such  precedure  to 
be  inapplicable  to  such  superior  court. 

As  to  certain  3.  All  societics  or  associatious  incorporated  by  or 
TnTw^-r!"^  under  the  authority  of  the  Legislature  of  the  North- 
Territorities  existing  at  the  time  of  the  coming  into 
force  of  this  Act  which  include  within  their  objects  the  regula- 
tion of  the  practice  of  or  the  right  to  practise  any  profession  or 
trade  in  the  North-west  Territories,  such  as  the  legal  or  the 
medical  profession,  dentistry,  pharmaceutical  chemistry  and 
the  like,  shall  continue,  subject,  however,  to  be  dissolved  and 
abolished  by  order  of  the  overnor  in  Council,  and  each  of  such 
societies  shall,  have  power  to  arrange  for  and  effect  the  pay- 
ment of  its  debts  and  liabilities,  and  the  division,  disposition  or 
transfer  of  its  property. 

As  to  joint  4.  Every  joint-stock  company  lawfully  incorpor- 

panies!^°'""     ^tcd  by  or  under  the  authority  of  any  ordinance  of 
the  North-west  Territories   shall  be   subject  to   the 
legislative  authority  of  the  province  of  Alberta  if — 

(a)  the  head  office  or  the  registered  office  of  such  company 
ib  at  the  time  of  the  coming  into  force  of  this  Act  situate  in 
the  province  of  Alberta  ;  and 

(6)  the  powers  and  objects  of  such  company  are  such  as 
might  be  conferred  by  the  Legislature  of  the  said  province  and 
not  expressly  authorized  to  be  executed  in  any  part  of  the 
North-west  Territories  beyond  the  limits  of  the  said  province. 

Education.  17.  Section  93  of  The  British  North  America 

Act,  186Y,  shall  apply  to  the  said  province,  with  the 
substitution  for  paragraph  (1)  of  the  said  section  93,  of  the 
following  paragraph: — 


PIONEER    LEGISLATION  1249 

"1.  Nothing  in  any  sucli  law  shall  prejudicially  affect  any 
right  or  privilege  with  respect  to  separate  schools  which  any 
class  of  persons  have  at  the  date  of  the  passing  of  this  Act, 
under  the  terms  of  chapters  29  and  30  of  the  Ordinances  of 
the  North-west  Territories,  passed  in  the  year  1901,  or  with 
respect  to  religious  instruction  in  any  public  or  separate  school 
as  provided  for  in  the  said  ordinances." 

2.  In  the  appropriation  by  the  Legislature  or  distribution 
by  the  Government  of  the  Province  of  any  moneys  for  the 
support  of  schools  organized  and  carried  on  in  accordance  with 
the  said  chapter  29  or  any  Act  passed  in  amendment  thereof, 
or  in  substitution  therefor,  there  shall  be  no  discrimination 
against  schools  of  any  class  described  in  the  said  chapter  29. 

3.  Where  the  expression  "by  law"  is  employed  in  para- 
graph 3  of  the  said  section  93,  it  shall  be  held  to  mean  the 
law  as  set  out  in  the  said  chapters  29  and  30,  and  where  the 
expression  "at  the  Union"  is  employed,  in  the  said  paragraph 
3,  it  shall  be  held  to  mean  the  date  at  which  this  Act  comes 
into  force. 

18.  The  following  amounts  shall  be  allowed  as  subsidy  to 
an  annual  subsidy  to  the  province  of  Alberta  and  p^""^'"^®- 
shall  be  paid  by  the  Grovernment  of  Canada,  by  half-yearly 
instalments  in  advance,  to  the  said  province,  that  is  to  say: — 

(a)  for   the   support   of   the    Government    and  For  govern-  . 
Legislature,  fifty  thousand  dollars;  "^^"*' 

(h)  on  an  estimated  population  of  two  hundred  in  proportion 
and  fifty  thousand,  at  eighty  cents  per  head,  two  tion.°^^"  ^' 
hundred  thousand  dollars,  subject  to  be  increased  as 
hereinafter  mentioned,  that  is  to  say: — a  census  of  the  said 
province  shall  be  taken  in  every  fifth  year,  reckoning  from  the 
general  census  of  one  thousand  nine  hundred  and  one,  and  an 
appropriate  estimate  of  the  population  shall  be  made  at  equal 
intervals  of  time  between  each  quinquennial  and  decennial 
census  and  whenever  the  population,  by  any  such  census  or 
estimate,  exceeds  two  hundred  and  fifty  thousand,  which  shall 
be  the  minimum  on  which  the  said  allowance  shall  be  calcu- 
lated, the  amount  of  the  said  allowance  shall  be  increased 
accordingly,  and  so  on  until  the  population  has  reached  eight 
hundred  thousand  souls. 

19.  Inasmuch  as  the  said  province  is  not  in  debt,  Annual 

it  shall  be  entitled  to  be  paid  and  to  receive  from  the  province.  ° 
Government  of  Canada,  by  half-yearly  payments  in 
28159—79 


1250  CANADIAN  ARCHIVES 

advance,  au  annual  sum  of  four  hundred  and  five  thousand 
three  hundred  and  seventy-five  dollars,  being  the  equivalent  of 
interest  at  the  rate  of  five  per  cent  per  annum  on  the  sum  of 
eight  million  one  hundred  and  seven  thousand  five  hundred 
dollars. 

compensa-  20.  Inasmuch  as  the  said  province  will  not  have 

province  for  the  public  land  as  a  source  of  revenue,  there  shall  be 
public  paid  by  Canada  to  the  province  by  half-yearly  pay- 

ments, in  advance,  an  annual  sum  based  upon  the 
population  of  the  province  as  from  time  to  time  ascertained  by 
the  quinquennial  census  thereof,  as  follows: — 

The  population  of  the  said  province  being  assumed  to  be  at 
present  two  hundred  and  fifty  thousand,  the  sum  payable  until 
such  population  reaches  four  hundred  thousand,  shall  be  three 
hundred  and  seventy-five  thousand  dollars ; 

Thereafter,  until  such  population  reaches,  eight  hundred 
thousand,  the  sum  payable  shall  be  five  hundred  and  sixty-two 
thousand  five  hundred  dollars; 

Thereafter,  until  such  population  reaches  one  million  two 
hundred  thousand,  the  sum  payable  shall  be  seven  hundred  and 
fifty  thousand  dollars ; 

And  thereafter  the  sum  pa^yable  shall  be  one  million  one 
hundred  and  twenty-five  thousand  dollars. 

Further  2.  As  an  additional  allowance  in  lieu  of  public 

t°o™^^"^^'  lands,  there  shall  be  paid  by  Canada  to  the  province 
annually  by  half-yearly  payments,  in  advance,  for 
five  years  from  the  time  this  Act  comes  into  force,  to  provide  for 
the  construction  of  necessary  public  buildings,  the  sum  of 
ninety-three  thousand  seven  hundred  and  fifty  dollars. 

Property  in  21.  All  Crowu  lands,  miucs  and  minerals  and 

anc  s,  e  c.  royalties  incident  thereto,  and  the  interest  of  the 
(*rown  in  the  waters  within  the  province  under  The  North-west 
Irrigation  Act,  1898,  shall  continue  to  be  vested  in  the  Crovim 
and  administered  by  the  Government  of  Canada  for  the  pur- 
poses of  Canada,  subject  to  the  provisions  of  any  Act  of  the 
Parliament  of  Canada  with  respect  to  road  allowances  and  roads 
or  trails  in  force  immediately  before  the  coming  into  force  of 
this  Act,  which  shall  apply  to  the  said  province  with  the  substi- 
tution therein  of  the  said  province  for  the  ISTorth-west  Terri- 
tories. 


PIONEER    LEGISLATION  1251 

22.  All  properties  and  assets  of  the  North-west  Division  of 
Territories  shall  be  divided  equally  between  the  said  nl^i^nti^s 
provinces  shall  be  divided  equally  between  the  said  between  saa- 

•  ij.1  •  £   CI     1     X  1.  J    katchewan 

provinces  and  the  provinces  oi  Saskatchewan,  and  and  Aiberta. 
the  two    provinces    shall    be    jointly    and    equally 
responsible  for  all  debts  and  liabilities  of  the  North-west  Ter- 
ritories :    Provided  that,  if  any  difference  arises  as  to  the  divi- 
sion  and   adjustment   of   such"  properties,    assets,    debts    and 
liabilities,  such  difference  shall  be  referred  to  the  arbitrament 
of  three  arbitrators,  one  of  whom  shall  be  chosen  by  the  Lieu- 
tenant Governor  in  Council  of  each  province,  and  the  third  by 
the  overnor  in  Council.     The  selection  of  such  arbi-  Arbitration, 
trators  shall  not  be  made  until  the  Legislatures  of  the 
provinces  have  met,  and  the  arbitrator  chosen  by  Canada  shall 
not  be  resident  of  either  province. 

23.  Nothing  in  this  Act  shall  in  any  way  pre-  i^ishts  of 
judice  or  affect  the  rights  or  properties  of  the  Hud- 

Bon's  Bay  Company  as  contained  in  the  conditions 

under  which  that  company  surrendered  Rupert's  Land  to  the 

Crown. 

24.  The  powers  hereby  granted  to  the  said  pro- Provision  as 
vince  shall  be  exercised  subject  to  the  provisions  of  °    '  '   '    °' 
section  16  of  the  contract  set  forth  in  the  schedule  to  chapter  1 
of  the  statutes  of  1881,  being  an  Act  respecting  the  Canadian 
Pacific  Railway  Company. 

25.  This  Act  shall  come  into  force  on  the  first  commence- 
day  of  September,  one  thousand  nine  hundred  and  '"®"'^° 
five. 

SCHEDULE. 

(Section  13.) 

The  province  of  Alberta  shall  be  divided  into  twenty-five 
electoral  divisions  which  shall  respectively  comprise  and  con- 
sist of  the  parts  and  portions  of  the  province  hereinafter 
described. 

In  the  following  descriptions  where  "meridians  between 
ranges"  and  "boundaries  of  townships"  or  "boundaries  of 
sections"  are  referred  to  as  the  boundaries  of  electoral  divi- 
sions, these  expressions  mean  the  meridians,  boundaries  of 
townships  or  boundaries  of  sections,  as  the  case  may  be,  in 
accordance  with  the  Dominion  Lands  system  of  surveys,  and 
include  the  extension  thereof  in  accordance  with  the  said 
system. 

28159— 79i 


1252  CANADIAN    AROIHVFS 

Names  and  Descriptions  of  Divisions. 

(1)  The  electoral  division  of  Medicine  Hat,  bounded  as 
follows  •-- 

Commencing  at  the  intersection  of  the  eastern  boundary  of 
the  said  province  of  Alberta  by  the  north  boundary  of  the  38th 
township ;  thence  westerly  along  the  north  boundary  of  the 
38th  townships  to  the  meridian  between  the  10th  and  11th 
ranges,  west  of  the  4th  meridian;  thence  southerly  along  the 
meridian  between  the  10th  and  11th  ranges  to  the  southern 
Ijoundary  of  the  said  province  of  Alberta ;  thence  easterly  along 
^;he  said  southern  boundary  of  the  province  of  Alberta  to  the 
south-east  corner  thereof;  thence  northerly  along  the  eastern 
boundary  of  the  said  province  of  Alberta  to  the  point  of  com- 
mencement. 

(2)  The  electoral  division  of  Cardston,  bounded  as  fol- 
lows : — 

Commencing  at  the  southern  boundary  of  tlie  said  province 
of  Alberta  where  it  is  intersected  by  the  meridian  between 
the  10th  and  11th  ranges,  west  of  the  4th  meridian;  thence 
northerly  along  the  said  meridian  between  the  10th  and  11th 
ranges  to  the  north  boundary  of  the  5th  township ;  thence 
westerly  along  the  north  boundary  of  the  5th  township  to  the 
St.  Mary  river;  thence  along  the  St.  Mary  river  up  stream  to 
the  south  boundary  of  the  Blood  Indian  Eeserve;  thence 
westerly  along  the  said  south  boundary  of  the  Blood  Indian 
Reserve  to  the  meridian  between  the  27th  and  28th  ranges 
west  of  the  4th  meridian;  thence  southerly  along  the  said 
meridian  between  the  27th  and  28th  ranges  to  the  north 
boundary  of  the  2nd  township ;  thence  westerly  along  the  nortli 
boundary  of  the  2nd  townships  to  the  meridian  between  the 
29th  and  30th  ranges  west  of  the  4th  meridian;  thence  south- 
erly along  the  said  meridian  between  the  29th  and  30th  ranges 
to  the  southern  shore  of  the  Waterton  Lakes ;  thence  in  a  west- 
erly and  southerly  direction  and  following  the  southerly  and 
eastern  shores  of  the  said  Waterton  Lakes  to  the  southern 
boundary  of  the  said  province  of  Alberta ;  thence  easterly 
alcJng  the  said  southern  boundary  of  the  province  of  Alberta  to 
the  point  of  commencement. 

("3)  The  electoral  division  of  Lethbridge,  bounded  as  fol- 
lows : — 


PIONEER    LEGISLATION  1253 

Commencing  at  the  meridian  between  the  10th  and  11th 
ranges^  west  of  the  4th  meridian,  where  it  is  intersected  by 
tl;e  north  boimdarj  of  the  5th  township;  thence  northerly 
along  the  said  meridian  between  the  10th  and  11th  ranges  to 
tlie  north  boundary  of  the  14th  township;  thence  westerly 
along  the  north  boundary  of  the  14th  townships  to  the  Bow 
river;  thence  along  the  Bow  river  up  stream  to  the  north 
boundary  of  the  19th  township;  thence  westerly  along  the 
north  boundary  of  the  19th  townships  to  the  meridian  between 
the  22nd  and  23rd  ranges,  west  of  the  4th  ;meridian;  thence 
southerly  along  the  said  meridian  between  the  22nd  and  23rd 
rpiiges  to  the  Belly  river;  thence  along  the  Belly  river  down 
strv^am  to  the  St.  Mary  river;  thence  along  the  St.  Mary  river 
up  ?tream  to  the  north  boundary  of  the  5th  township ;  thence 
easterly  along  the  north  boundary  of  the  5th  townships  to  the 
point  o"'*  commencement, 

(4)  The  electoral  division  of  Macleod,  bounded  as  follows. 
Commencing  at  the  south  boundary  of  the  Blood  Indian 
Ec=:erve  where  it  is  intersected  by  the  St.  Mary  river;  thence 
clong  the  said  St.  Mary  river  down  stream  to  the  Belly  river; 
thence  along  the  said  Belly  river  up  stream  to  its  most  northerly 
intersection  with  the  meridian  between  the  22nd  and  23rd 
ranges,  west  of  the  4th  meridian;  thence  northerly  along  the 
said  meridian  between  the  22nd  and  23  ranges  to  the  north 
boundary  of  the  14th  township ;  thence  westerly  along  the  north 
boundary  of  the  14th  townships  to  the  western  boundary  of  the 
province  of  Alberta;  thence  in  a  southerly  direction  and  along 
the  said  western  boundary  of  the  province  of  Alberta  to  the 
north  boundary  of  the  11th  township;  thence  easterly  along' 
the  said  north  boundary  of  the  11th  township  to  the  5th  meri- 
dian; thence  southerly  along  the  said  5th  meridian  to  the 
north  boundary  of  the  10th  township ;  thence  easterly  along  the 
said  north  boundary  of  the  10th  township  to  the  meridian 
between  the  29th  and  30th  ranges,  west  of  the  4th  meridian; 
thence  southerly  along  the  said  meridian  between  the  29th  and 
30th  ranges  to  the  north  boundary  of  the  Sth  township;  thence 
easterly  along  the  said  north  boundary  of  the  Sth  township  to 
the  west  bonndary  of  the  Peisan  Indian  Rpserve;  thence 
southerly  along  the  said  west  boundary  of  the  Peigan  Indian 
Peserve  to  the  south-west  corner  of  the  said  Peigan  Indian 
Reserve;  thence  easterly  along  the  south  boundary  of  th  said 
Peigan  Indian  Reserve  to  the  south-east  corner  of  the  said 


1254  CANADIAN    ARCHIVES 

Reserve;  thence  in  a  straight  line  soiith-easterlv  to  the  north- 
east corner  of  section  14  in  the  6th  township  in  the  27th  range, 
west  of  the  4th  meridian;  thence  along  the  north  boundary 
of  section  13  in  the  said  6th  township  and  in  the  27th  range 
to  the  meridian  between  the  26th  and  27th  ranges  west  of  the 
4th  meridian ;  thence  southerly  along  the  said  meridian  between 
the  26th  and  27th  ranges  to  the  Belly  river;  thence  along  the 
Belly  river  up  stream  to  the  south  boundary  of  the  said  Blood 
Indian  Reserve;  thence  easterly  along  the  said  south  boundary 
of  the  Blood  Indian  Reserve  to  the  point  of  commencement. 

(5)  The  electoral  division  of  Pincher  Creek,  bounded  as 
follows : — 

Commencing  at  the  southern  boundary  of  the  said  province 
of  Alberta,  where  it  is  intersected  by  the  eastern  shore  of  thf 
Waterton  lakes,  thence  northerly  and  easterly  and  along  the 
said  eastern  shores  and  the  southern  shores  of  the  Waterton 
lakes  to  the  meridian  between  the  29th  and  30th  ranges  west 
of  the  4th  meridian ;  thence  northerly  along  the  said  meridian 
between  the  29tb  and  30th  ranges  to  the  north  boundary  of 
the  2nd  township;  thence  easterly  along  the  said  north 
boundary  of  the  2nd  townships  to  the  meridian  between  the 
27th  and  28'th  ranges  west  of  the  4th  meridian;  thence 
northerly  along  the  said  meridian  between  the  27th  and  28th 
ranges  to  the  south  boundary  of  the  Blood  Indian  Reserve; 
thence  westerly  along  the  said  south  boundary  of  the  Blood 
Indian  Reserve  to  the  Belly  river;  thence  along  the  said 
Belly  River  down  stream  to  the  meridian  between  the  26th  and 
and  27th  ranges  west  of  the  4th  meridian;  thence  northerly 
along  the  said  meridian  between  the  26th  and  27th  ranges  to 
the  northeast  corner  of  section  13  in  the  6th  township  in  the 
said  27th  range;  thence  westerly  along  the  north  boundary  of 
the  said  section  13  to  the  northeast  corner  of  section  14  in  the 
said  6th  township  in  the  27th  range ;  thence  in  a  straight  line 
northwesterly  to  the  southeast  corner  of  the  Peigan  Indian 
Reserve;  thence  westerly  along  the  south  boundary  of  the 
said  Peigan  Indian  Reserve  to  the  southwest  corner  of  the 
said  Indian  Reserve ;  thence  northerly  along  the  west  boundary 
of  the  said  Indian  Reserve  to  the  north  boundary  of  the  8th 
tc\vnship;  thence  westerly  along  the  said  north  boundary  of 
(he  8th  townships  to  the  meridian  between  the  29tli  and  30th 
ranges  west  of  the  4th  meridian;  thence  northerly  along  the 
said  meridian  between  the  29th  and  30th  ranaes  to  the  north 


PIONEER    LEGISLATION  3255 

boundary  of  the  10th  township ;  thence  westerly  along-  the  said 
north  boundary  of  the  lOth  township  to  the  5th  meridian; 
thence  northerly  along  the  said  5th  meridian  to  the  north  boun- 
dary of  the  11th  township;  thence  westerly  along  the  said  north 
boundary  of  the  11th  townships  to  the  western  boundary  of  the 
said  province  of  Alberta ;  thence  in  a  southerly  direction  and 
along  the  said  western  boundary  of  the  province  of  Alberta  to 
the  southern  boundary  of  the  said  province  of  Alberta ;  thence 
easterly  along  the  said  southern  boundary  of  the  province  of 
Alberta  to  the  point  of  commencement. 

(6)  The  electoral  district  of  Gleichen,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  10th  and  11th 
ranges,  west  of  the  4th  meridian,  where  it  is  intersected  by  the 
norttiern  boundary  of  the  14th  township ;  thence  northerly 
along  the  said  meridian  between  the  10th  and  11th  ranges  to  the 
north  boundary  of  the  28th  township ;  thence  westerly  along 
the  said  north  boundary  of  the  28th  to'WTiships  to  the  meridian 
between  the  2nd  and  3rd  ranges,  west  of  the  5th  meridian; 
thence  southerly  along  the  said  meridian  between  the  2nd  and 
3rd  ranges,  to  the  north  boundary  of  the  22nd  toM'nship ; 
thence  easterly  along  the  said  north  boundary  of  the  22nd 
townships  to  the  Bow  river;  thence  along  the  said  Bow  river 
down  stream  to  the  north  boimdary  of  the  14th  township ; 
thence  easterly  along  the  said  north  boundary  of  the  14th 
tovnaships  to  the  point  of  commencement; — excepting  and 
reserving  out  of  the  said  electoral  division  the  city  of  Calgary, 
as  incorporated  by  ordinances  of  the  iNTorth-west  Territories, 

(7)  The  electoral  division  of  Calgary  City,  comprising  the 
city  of  Calgary  as  incorporated  by  ordinance  of  the  ISTorth-west 
Territories. 

(8)  The  electoral  division  of  Eosebud,  bounded  as  fol- 
lows:— 

Commencing  at  the  meridian  between  the  10th  and  lltli 
ranges,  west  of  the  4th  meridian,  where  it  is  intersected  by  the 
north  boundary  of  the  28  th  township  thence  northerly  along 
the  said  meridian  between  the  10th  and  lltli  ran^-es  to  the 
north  boundary  of  the  33rd  township;  thence  westerly  along 
the  said  north  boundary  of  the  33rd  townships  to  the  w-estern 
boundary  of  the  province  of  Alberta;  thence  in  a  southerly 
direction  and  along  tlie  said  western  boundary  of  tlie  province 


1256  .     CANADIAN  ARCHIVES 

of  Alberta  to  the  north  boimdary  of  the  28th  township; 
thence  easterly  along  the  said  north  boimdary  of  the  28th  town- 
ships to  the  point  of  commencement. 

(9)  The  electoral  division  of  High  River,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  22nd  and  23rd 
ranges,  west  of  the  4th  meridian,  where  it  is  intersected  by 
the  north  boimdary  of  the  14th  to^viiship;  thence  northerly 
along  the  said  meridian  between  the  22nd  and  23rd  ranges  to 
.the  north  boundary  of  the  19th  township;  thence  easterly 
along  the  said  north  boundary  of  the  19th  townships  to  the 
Bow  river;  thence  along  the  said  Bow  river  up  stream  to  the 
north  boundary  of  the  22nd  township ;  thence  westerly  along 
tlae  said  north  boundary  of  the  22nd  townships  to  the  western 
boundary  of  tlie  province  of  Alberta ;  thence  in  a  southerly 
direction  and  along  the  said  western  boundary  of  the  province 
of  Alberta  to  the  north  boundary  of  the  14th  township ;  thence 
easterly  along  the  said  north  boundary  of  the  14th  townships 
to  the  point  of  commencement. 

(10)  The  electoral  division  of  Banff,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  24th  and  25th 
ranges,  west  of  the  5th  meridian,  where  it  is  intersected  by 
the  north  boundary  of  the  22nd  township;  thence  nortlierly 
along  the  said  meridian  between  the  2nd  and  3rd  ranijes  to 
the  north  boundary  of  the  28th  township ;  thence  westerly 
along  the  said  north  boundarv  of  the  28th  to^vnships  to  the 
western  boundary  of  the  province  of  Alberta ;  thence  in  a 
southerly  direction  and  along  the  said  western  boundary  of 
the  province  of  Alberta  to  the  north  boundary  of  the  22nd 
township ;  thence  easterly  along  the  said  north  boundary  of  the 
22nd  townships  to  the  point  of  commencement. 

(11)  The  electoral  division  of  Innisfail,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  10th  and  11th 
ranges,  west  of  the  4th  meridian,  where  it  is  intersected  by 
the  north  boundary  of  the  33rd  to^vrlship;  thence  northerly 
along  the  said  meridian  between  the  10th  and  11th  ranges  to 
the  north  boundary  of  section  twenty-four  in  the  36th  town- 
ship; thence  westerly  along  the  section  line  which  bounds  on 


PIONEER    LEGISLATION  12Ci7 

the  north  the  section  comprising  the  most  southerly  two-thirds 
of  the  36th  townships  to  the  Red  Deer  river,  in  the  28th  range, 
west  of  the  4th  meridian ;  thence  along  the  said  Eed  Deer  river 
down  stream  to  the  north  boundary  of  section  twenty-two,  in 
the  37th  township;  thence  westerly  along  the  section  line  which 
bounds  on  the  north  the  sections  comprising  the  most  southerly 
two-thirds  of  the  37th  townships  to  the  western  boundary  of 
the  province  of  Alberta;  thence- in  a  southerly  direction  and 
along  the  said  western  boundary  of  the  province  of  Alberta  to 
the  north  boundary  of  the  33rd  township ;  thence  easterly  along 
the  north  boundary  of  the  33rd  townships  to  the  point  of  com- 
mencement. 

(12)  The  electoral  division  of  Red  Deer,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  10th  and  11th 
ranges,  west  of  the  4th  meridian,  where  it  is  intersected  by 
the  north  boundary  of  section  24,  in  the  36th  township;  thence 
northerly  along  the  said  meridian  between  the  10th  and  11th 
ranges  to  the  said  north  boundary  of  the  38th  township ;  thence 
westerly  along  the  said  north  boundary  of  the  38th  townships 
to  where  the  said  north  boundary  of  the  38th  townships  is 
intersected  by  the  Red  Deer  river  in  the  26th  range,  west  of 
the  4th  meridian ;  thence  along  the  said  Red  Deer  river  up 
stream  to  the  Blindman  river;  thence  along  the  said  Blind- 
man  river  up  stream  to  the  north  boundary  of  the  39th  town- 
ship; thence  westerly  along  the  said  north  boundary  of  the 
30th  townships  to  the  ITorth  Saskatchewan  river;  thence 
along  the  North  Saskatchewan  river  up  stream  to  the  section 
line  which  bounds  on  the  north  the  sections  comprising  the 
most  southerly  two-thirds  of  the  37th  townships ;  thence 
easterly  along  the  said  section  line  which  bounds  on  the  north 
the  S'ections  comprising  the  most  southerly  two-thirds  of  the 
37th  townships  to  the  Red  Deer  river;  thence  along  the  Red 
Deer  river  up  stream  to  the  north  boundary  of  section  twenty, 
in  the  36th  township ;  thence  easterly  along  the  section  line 
which  bounds  on  the  north  the  sections  comprising  the  most 
southerly  two-thirds  of  the  said  36th  townships  to  the  point  of 
commencem  ent. 

(13)  The  electoral  division  of  Vermilion,  bounded  as  fol- 
lows : — 

Commencing  at  the  eastern  boundary  of  the  province  of 
Alberta  where  it  is  intersected  by  the  north  boundary  of  the 


1258  CANADIAN  AECHIVES 

SStli  townsliip ;  tlienoe  northerly  along  the  said  eastern  boiind-^ 
dary  of  the  province  of  Alberta  to  the  North  Saskatchewan 
river;  thence  along  the  ITorth  Saskatchewan  river  up  stream 
to  the  meridian  between  the  10th  and  11th  ranges,  west  of 
the  4th  meridian;  thence  southerly  along  the  said  meridian 
between  the  10th  and  11th  ranges  to  the  north  boundary  of 
the  54th  township;  thence  westerly  along  the  said  north 
boundary  of  the  54th  towmships  to  the  meridian  between  the 
19th  and  20th  ranges,  west  of  the  4th  meridian;  thence 
southerly  along  the  said  meridian  between  the  19th  and  20th 
ranges  to  the  nortli  boundary  of  section  twenty-four,  in  the 
47th  township;  thence  easterly  along  the  section  line  which 
bounds  on  the  north  the  sections  comprising  the  most  south- 
erly two-thirds  of  the  47th  to\vnship  to  the  meridian  between 
the  10th  and  11th  ranges,  west  of  the  4tli  meridian;  thence 
southerly  along  the  said  meridian  between  the  10th  and  11th 
langes  to  the  north  boundary  of  the  38th  township;  thence 
easterly  along  the  said  north  boundary  of  the  38th  townships 
to  the  point  of  commencement. 

(14)  The  electoral  division  of  Lacombe,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  10th  and  11th 
ranges,  west  of  the  4th  meridian,  where  it  is  intersected  by  the 
north  boundary  of  the  38th  township;  thence  northerly  along 
the  said  meridian  between  the  10th  and  11th  ranges  to  the 
north  boundary  of  the  41st  township;  thence  westerly  along 
the  said  north  boundary  of  the  41st  townships  to  the  North 
Saskatchewan  river;  thence  along  the  said  North  Saskatche- 
wan river  up  stream  to  the  north  boundary  of  the  39th  town- 
ship ;  thence  easterly  along  the  said  north  boundary  of  the  39th 
townships  to  the  Blindman  river ;  thence  along  the  said  Blind- 
man  river  down  stream  to  the  Ked  Deer  river ;  thence  along  the 
said  Red  Deer  river  down  stream  to  the  north  boundary  of  the 
3 8th  township;  thence  easterly  along  the  said  north  boundary 
of  the  38th  townships  to  the  point  of  commencement. 

(15)  The  electoral  division  of  Ponoka,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  10th  and  11th 
ranges,  west  of  the  4th  meridian,  where  it  is  intersected  by 
the  north  boundary  of  the  41st  towmship ;  thence  northerly 
along  the  said  meridian  between  the  10th  and  11th  ranges  to 


PIONEEK    LEGISLATION  1259 

the  north  boundary  of  the  44th  township ;  thence  westerly  along 
the  north  boundary  of  the  44t.h  townships  to  the  Xorth  Saskat- 
chewan river;  thence  along  the  said  Xorth  Saskatchewan 
river  up  stream  to  the  north  boundary  of  thje  41st  township ; 
thence  easterly  along  the  said  north  boundary  of  the  41st  town- 
ships to  the  point  of  commencement. 

(16)  The  electoral  division  of  Wetaskiwin,  bounded  as 
follows : — 

Commencing  at  the  meridian  between  the  10th  and  11th 
ranges,  west  of  the  4th  meridian,  where  it  is  intersected  by  the 
north  boundary  of  the  44th  township ;  thence  northerly  along 
the  said  meridian  between  the  10th  and  11th  ranges  to  the  sec- 
tion line  which  bounds  on  the  north  the  sections  comprising  the 
most  southerly  two-thirds  of  the  47th  township ;  thence  west- 
erly along  the  said  section  line  which  bounds  on  the  north  the 
sections  comprising  the  most  southerly  two-thirds  of  the  47th 
townships  to  the  ISTorth  Saskatchewan  river;  thence  along  the 
said  N'orth  Saskatchewan  river  up  stream  to  the  north  bound- 
ary o±  the  44th  townships ;  thence  easterly  along  the  said  north 
"boundary  of  the  44th  townships  to  the  point  of  commenctment. 

(17)  The  electoral  division  of  Leduc,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  19th  and  20th 
ranges,  west  of  the  4th  meridian,  where  it  is  intersected  by 
the  section  line  which  bounds  on  the  north  the  sections  com- 
])rising  the  most  southerly  two-tliirds  of  the  47th  to^\Tiships; 
thence  northerly  along  the  said  meridian  between  the  19th  and 
20th  ranges  to  the  north  boundary  of  the  50th  township ;  thence 
westerly  along  tlie  said  north  boundary  of  the  50th  to^\'Tlships 
to  where  the  said  north  boundary  of  the  SOtJi  townships  first 
intersects  the  ISTorth  Saskatchewan  river;  thence  along  the 
ISTorth  Saskatchewan  river  up  stream  to  the  section  line  which 
bounds  on  the  north  the  sections  comprising  the  most  southerly 
two-thirds  of  the  47th  township ;  thence  easterly  along  the  said 
section  line  w^hich  bounds  on  the  north  the  sections  comprising 
the  most  southerly  two-thirds  of  the  47th  townships  to  the 
point  of  commencement. 

(18)  The  electoral  division  of  Strathcona,  bounded  a^  fol- 
lows : — 

Commencing  at  the  meridian  between  the  19th  and  20th 
ranges,  west  of  the  4th  meridian,  where  it  is  intersected  by  the 


1260  CANADIAN  ARCHIVES 

north  boundary  of  the  50th  township;  thence  northerly  along 
the  said  meridian  between  the  19th  and  20th  ranges  to  the  north 
boundary  of  the  53rd  township ;  thence  westerly  along  the  said 
north  boundary  of  the  53rd  townships  to  the  North  Saskatclie- 
wan  river;  thence  along  the  said  E'orth  Saskatchewan  river  up 
stream  to  the  north  boundary  of  the  50th  township;  thence 
easterly  along  the  said  north  boundary  of  the  50th  townships  to 
the  point  of  commencement. 

(19)  The  electoral  division  of  Stonyplain,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  24th  and  25th 
ranges,  west  of  the  4th  meridian,  where  it  is  intersected  by 
the- north  boundary  of  the  53rd  township;  thence  westerly 
along  the  said  north  boundary  of  the  53rd  township  to  the  rear 
line  of  lots  fronting  on  the  east  side  of  the  Sturgeon  river  iu 
the  Saint  Albert  settlement ;  thence  in  a  southerly  and  westerly 
direction  and  along  the  said  rear  line  to  Big  lake;  thence  in  a 
westerly  direction  and  along  tlie  southerly,  westerly  and  north- 
erly shores  of  Big  lake  to  the  south-west  comer  of  lot  D  in  the 
Saint  Albert  settlement,  thence  westerly  and  along  the  south- 
erly limits  of  lots  E.  F.  G,  H  and  I  in  the  said  Saint  Albert 
settlement  to  the  south-east  corner  of  the  Indian  Reserve  Chief 
Michel  Calahoo;  thence  westerly  along  the  south  boundary  of 
the  said  Indian  Reserve  to  the  south-west  corner  thereof;  thence 
noD'therly  along  the  west  boundary  of  the  said  Indian  Reserve 
to  the  north  boundary  of  the  54th  township ;  thence  westerly 
along  the  said  north  boundary  of  the  54th  townships  to  the  5th 
meridian;  thence  northerly  along  the  said  5th  meridian  to  the 
south  boundary  of  the  Indian  Reserve  Chief  Alexander ;  thence 
westerly  along  the  south  boundary  of  the  Indian  Reserve  Chief 
Alexander  to  the  south-west  comer  of  the  said  reserve;  thence 
northerly  along  the  west  boundary  of  the  said  Reserve  Chief 
Alexander  to  the  north  boundary  of  the  55th  township;  thence 
westerly  along  the  north  boundary  of  the  55th  township  to  the 
wust'^vn  boundary  of  the  province  of  Alberta ;  thence  in  a 
southerly  direction  and  along  the  said  western  boundary  of  the 
province  of  Alberta  to  the  section  line  which  forms  the  nor  h 
boundary  of  the  sections  comprising  the  most  southerly  two- 
thirds  of  the  37th  townshp;  thence  easterly  along  the  said 
section  line  which  forms  the  north  boundary  of  the  sections 
comprising  the  most  southerly  two-thirds  of  the  3Yth  townships 
Province  of  Alberta  to  the  section  line  which  forms  the  north 


PIONEEE    LEGISLATION  1261 

Saskatchewan  river  down  stream  to  its  most  northerly  inter- 
section with  the  meridian  between  the  24th  and  25th  ranges 
west  of  the  4th  meridian ;  thence  northerly  along  the  said  meri- 
dian between  the  24th  and  25th  ranges  to  the  point  of  com- 
mencement. 

(20)  The  electoral  division  of  Edmonton  City,  comprising 
the  city  of  Edmonton  as  incorporated  by  ordinance  of  the 
North-west  Territories. 

(21)  The  electoral  division  of  Victoria,  bounded  as  fol- 
lows :— 

Commencing  at  the  4th  meridian  where  it  is  intersected  by 
the  jSTorth  Saskatchewan  river;  thence  northerly  along  the 
said  4th  meridian  to  the  north  boundary  of  the  70th  township ; 
thence  westerly  along  the  said  north  boundary  of  the  70th 
townships  to  the  meridian  between  the  10th  and  11th  ranges 
west  of  the  4th  meridian ;  thence  southerly  along  the  said 
meridian  between  the  10th  and  11th  ranges  to  the  north 
boundary  of  the  58th  township;  thence  westerly  along  the 
said  north  boundary  of  the  58th  townships  to  the  l^orth  Sas- 
katchewan river;  thence  along  the  said  ISTorth  Saskatchewan 
river  up  stream  to  the  north  boundary  of  the  53rd  township ; 
thence  easterly  along  the  said  north  boundary  of  the  53rd 
township  to  the  meridian  between  the  19th  and  20th  ranges 
west  of  the  4th  meridian ;  thence  northerly  along  the  said  meri- 
dian between  the  10th  and  20th  ranges  to  the  north  boundary 
of  the  54th  township;  thence  easterly  along  the  said  north 
boundary  of  the  54th  townships  to  the  meridian  between  the 
10th  and  11th  ranges,  west  of  the  4th  meridian;  thence  north- 
erly along  the  said  meridian  between  the  10th  and  11th  ranges 
i(<  the  JSTorth  Saskatchewan  river ;  thence  along  the  said  ISTorth 
Saskatchewan  river  do\vn  stream  to  the  point  of  commence- 
ment. 

(22)  The  electoral  division  of  Sturgeon,  bounded  as  fol- 
lows:— 

Commencing  at  the  meridian  between  the  10th  and  11th 
ranges,  west  of  the  4th  meridian,  where  it  is  intersected  by 
the  north  boundary  of  the  58th  township;  thence  northerly 
along  tlie  said  meridian  between  the  10th  and  11th  ranges  to 
the  north  boundary  of  the  70tli  township ;  thence  westerly 
along  the  said  north  boundary  of  the  70th  townships  to  the 


1262  CANADIAN  ARCHIVES 

meridian  between  the  24th  and  25th  ranges,  west  of  the  4th 
meridian;  thence  southerly  along  the  said  meridian  between 
the  24th  and  25th  ranges  to  the  North  Saskatchewan  river; 
thence  along  the  said  North  Saskatchewan  river  down  stream 
to  the  north  boundary  of  the  58th  townskip;  thence  easterly 
along  the  said  north  boundary  of  thie  58ith  townships  to  the 
point  of  commencement.  Excepting  and  reserving  out  of  the 
said  electoral  division  the  city  of  Edmonton  as  incorporated  by 
ordinance  of  the  JSTorth-west  Territories. 

(23)  The  electoral  division  of  Saint  Albert,  bounded  as 
follows : — 

Commencing  at  the  meridian  between  the  24th  and  25th 
ranges,  west  of  the  4th  meridian,  where  it  is  intersected  by 
the  north  boundary  of  tlie  53rd  township;  thence  northerly 
along  the  said  meridian  between  the  24th  and  25th  ranges 
west  of  the  4th  meridian  to  the  north  boundary  of  the  70th 
township;  thence  westerly  lalong  the  said  north  boundary  of 
the  70th  townships  to  the  western  boundary  of  the  province 
of  Alberta;  thence  in  a  southerly  direction  and  along  the  said 
western  boundary  of  the  province  of  Alberta  to  the  north 
boimdary  of  the  55th  township;  thence  easterly  along  the  said 
north  boundary  of  the  55th  township  to  the  Indian  Reserve 
Chief  Alexander;  thence  southerly  along  the  western  boundary 
of  the  said  Indian  Reserve  Chief  Alexander  to  the  south-west 
corner  of  the  said  reserve;  thence  easterly  along  the  south 
boundary  of  the  said  Indian  Reserve  Chief  Alexander  to  the 
5th  meridian ;  thence  southerly  along  the  said  5th  meridian  to 
the  north  boundary  of  the  54th  township ;  thence  easterly  aloDg 
the  said  north  boundary  of  the  54th  township  to  the  west 
boundary  of  the  Indian  Reserve  Chief  Michel  Calahoo ;  thence 
southerly  along  ihe  west  boundary  of  the  said  Indian  Reserve 
Chief  Michel  Calahoo  to  the  south-'west  corner  thereof;  thence 
easterly  along  the  south  boundary  of  the  siaid  Indian  Reserve 
Chief  Michel  Calahoo  to  the  south-east  comer  thereof;  thence 
in  an  easterly  direction  and  along  the  southern  limit  of  lots  I, 
H,  G,  F,  and  E,  in  the  Saint  Albert  settlement  to  the  south- 
west corner  of  lot  D  in  the  said  settlement;  thence  along  the 
westerly  and  southerly  shores  of  Big  lake  in  a  westerly,  south- 
erly and  easterly  direction  to  the  rear  line  of  lot  55  in  the 
said  Saint  Albert  settlement;  thence  in  an  easterly  direction 
and  along  the  rear  line  of  lots  fronting  on  the  east  side  of  the 
Sturgeon  river  in  the  said  Saint  Albert  settlement  to  the  north 


PIONEEE    LEGISLATION  1263 

'boundary  of  the  53rd  township ;  thence  easterly  along  the 
north  boundary  of  the  53rd  township  to  the  point  of  commence- 
ment. 

(24)  The  electoral  division  of  Peace  Eiver,  bounded  as 
follows : — 

Commencing  at  the  meridian  between  the  19tli  and  20th 
ranges,  west  of  the  5th  meridian,  where  it  is  intersected  by  the 
north  boundary  of  the  70th  township;  thence  northerly  along 
the  said  meridian  between  the  19th  and  20th  ranges  to  the 
north  boundary  of  the  80th  township ;  thence  easterly  along 
the  said  north  boundary  of  the  80th  townships  to  the  meridian 
between  the  13th  and  14th  ranges,  west  of  the  5th  meridian; 
thence  northerly  along  the  siaid  meridian  between  the  13th  and 
14th  ranges  to  the  north  boundary  of  the  92nd  township ; 
thence  easterly  along  the  said  north  boundary  of  the  92nd 
townships  to  the  meridian  between  the  20th  and  21st  ranges, 
west  of  the  4th  meridian;  thence  northerly  along  the  said 
meridian  between  the  20th  and  21st  ranges  to  the  northern 
boundary  of  the  province  of  Alberta ;  thence  westerly  along 
'the  said  northern  boundary  of  the  province  of  Alberta  to  the 
north-west  corner  of  the  said  province;  thence  in  a  southerly 
direction  and  along  the  western  boundary  of  the  said  province 
cf  Alberta  to  the  north  boundary  of  the  70th  township;  thence 
easterly  along  the  said  north  boundary  of  the  70th  townships 
to  the  point  of  commencement. 

(25)  The  electoral  division  of  Athabaska,  bounded  as  fol- 
lows : — 

Commencing  at  the  eastern  boundary  of  the  orovince  of 
'Alberta  where  it  is  intersected  by  the  north  boundary  of  the 
70th  township;  thence  northerly  along  the  said  eastern  bound- 
ary of  the  province  of  Alberta  to  the  northern  boundary  of  the 
said  province;  thence  westerly  along  the  said  northern 
boundary  of  the  province  of  Alberta  to  the  meridian  between 
the  20th  and  21st  ranges,  west  of  the  4th  meridian;  thence 
southerly  along  the  said  meridian  between  the  20th  and  21st 
ranges  to  the  north  boundary  of  the  92nd  township :  thence 
westerly  along  the  said  north  boundary  of  the  92nd  townships 
to  the  meridian  between  the  13th  and  14th  ranges,  west  of  the 
5th  meridian;  thence  southerly  along  the  said  meridian 
between  the  13th  and  14th  ranges,  west  of  the  5th  meridian  to 
the  north   boundary    of  the    80th    township;    thence    westerly 


1264  CANADIAN  ARCHIVES 

along  the  said  north  boundary  of  the  80th  townships  to  the 
meridian  between  the  19th  and  20th  ranges,  west  of  the  5th 
meridian;  thence  southerly  along  the  said  meridian  between 
tlie  19th  and  20th  ranges  to  the  north  boundary  of  the  70th 
township ;  thence  easterly  along  the  said  north  boundary  of  the 
70th  townships  to  the  point  of  commencement, 

8.  The  Saskatchewan  Act,  1905. 

4-5    EDWAKD    VII.,    CHAPTER    42. 

An  Act  to  establish  and  provide  for  the  Government  of  the 
Province  of  Saskatchewan. 

[Assented  to  20th  July,  1905.] 

Preamble.  WHEREAS  in  and  by  The  British  North  America 
Act,  1871,  being  chapter  28  of  the  Acts  of  the 
Parliament  of  the  United  Kingdom  passed  in  the  session  thereof 
held  in  the  34th  and  25th  year  of  the  reign  of  her  late  Majesty 
Queen  Victoria,  it  is  enacted  that  the  Parliament  of  Canada 
may  from  time  to  time  establish  new  provinces  in  any  terri- 
tories forming  for  the  time  being  part  of  the  Dominion  of  Can- 
ada, but  not  included  in  any  province  thereof,  and  may,  at  the 
time  of  such  establishment,  make  provision  for  the  constitution 
and  administration  of  any  such  province,  and  for  the  passing 
of  laws  for  the  peace,  order  and~  good  government  of  such 
province  and  for  its  representation  in  the  said  Parliament  of 
Canada ; 

And  whereas  it  is  expedient  to  establish  as  a  province  the 
territory  hereinafter  described,  and  to  make  pro\asion  for  the 
government  thereof  and  the  representation  thereof  in  the 
Parliament  of  Canada:  Therefore  His  Majesty,  by  and  with 
the  advice  and  consent  of  the  Senate  and  House  of  Commons 
of  Canada,  enacts  as  follows: — 

Short  title.  1.  This  Act  may  be  cited  as  The  Saskatchewan 

Act. 

Province  of  2.  The  territory  comprised  within  the  following 

Saskatche-      t.j''.  •  .    .^       '    . 

wan  formed :  Doundaries,  IS  to  Say, — commencing  at  the  mtersec- 
its  bound-  tiou  of  the  international  boundary  dividing  Canada 
from  the  United  States  of  America  by  the  west 
boundary  of  the  province  of  Manitoba  to  the  north-west  corner 
of  the  said  province  of  Manitoba;  thence  continuing  northerly 


PIONEER    LEGISLATION  1265 

along  the  centre  of  the  road  allowance  between  the  twenty-ninth 
and  thirtieth  ranges  west  of  the  principal  meridian  in  the 
system  of  Dominion  lands  surveys,  as  the  said  road  allowance 
may  hereafter  be  defined  in  accordance  with  the  said  system, 
to  the  second  meridian  in  the  said  system  of  Dominion  lands 
surveys,  as  the  same  may  hereafter  be  defined  in  accord- 
ance with  the  said  system;  thence  northerly  along  the  said 
second  meridian  to  the  sixtieth  degree  of  north  latitude  to 
the  fourth  meridian  in  the  said  system  of  Dominion  lands  sur- 
veys, as  the  same  may  be  hereafter  defined  in  accordance 
with  the  said  system  thence  southerly  along  the  said  fourth  meri- 
dian to  the  said  international  boimdary  dividing  Canada  from 
the  United  States  of  America;  thence  easterly  along  the  said 
international  boundary  to  the  point  of  commencement. — is 
hereby  established  as  a  province  of  the  Dominion  of  Canada, 
to  be  called  and  known  as  the  province  of  Saskatchewan. 

3.  The  provisions  of  The  British  North  America  b.n.a.  Acts, 
Act,  1867  to  1886,  shall  apply  to  the  province  of  to  apply. 
Saskatchewan  in  the  same  way  and  to  the  like  extent 

as  they  apply  to  the  provinces  heretofore  comprised  in  the 
I'ominion,  as  if  the  said  province  of  Saskatchewan  had  been  one 
of  the  provinces  originally  united,  except  in  so  far  as  varied  by 
this  Act  and  except  such  provisions  as  are  in  terms  made,  or  by 
reasonable  intendment  may  be  held  to  be,  specially  applicable 
to  or  only  to  affect  one  or  more  and  not  the  whole  of  the  said 
provinces. 

4.  The  said  province  shall  be  represented  in  the  Representa- 
Senate  of  Canada  by  four  members :   Provided  that  senate, 
such  representation  may  after  the  completion  of  the 

next  decennial  census,  be  from  time  to  time  increased  to  six  by 
the  Parliament  of  Canada. 

5.  The  said  province  and  the  province  of  Alberta  uepresenta- 
«hall  until  the  termination  of  the  Parliament  of  Can-  House"  o?^ 
ada  existing  at  the  time  of  the  first  readjustment  commons, 
hereinafter    provided    for,    continue    tO'    be    repre- 
sented in  the  House  of  Commons  as  provided  by  chapter  60  of 
the  statutes  of  1903,  each  of  the  electoral  districts  defined  in  that 
part  of  the  schedule  to  the  said  Act  which  relates  to  the  Il^orth- 
west  Territories,  whether  such  district  is  wholly  in  one  of  the 
said  provinces,  or  partly  in  one  and  partly  in  the  other  of 
them,  being  represented  bv  one  member. 

28159—80 


1266  CA^:ADIA^^  archives 

Readjust-  6.  Upon  the  completion  of  the  next  quinquennial 

next^qum^-  consus  for  the  said  province,  the  representation 
quenniai  thereof  shall  forthwith  be  readjusted  bj  the  Parlia- 
ment of  Canada  in  such  manner  that  there  shall 
be  assigned  to  the  said  province  such  a  number  of  members 
as  will  bear  the  same  proportion  to  the  number  of  its  popu- 
lation ascertained  at  such  quinquennial  census  as  the  num- 
ber sixty-five  bears  to  the  number  of  the  population  of  Que- 
bec as  ascertained  at  the  then  last  decennial  census ;  and 
in  the  computation  of  the  number  of  members  for  the  said 
province  a  fractional  part  not  exceeding  one-half  of  the  whole 
number  requisite  for  entitling  the  province  to  a  member  shall 
be  disregarded,  and  a  fractional  part  exceeding  one-half  of  that 
number  shall  be  deemed  equivalent  to  the  whole  number,  and 
such  readjustment  shall  take  effect  upon  the  termination  of  the 
Parliament  then  existing. 

Subsequent  2.  The  representation  of  the  said  province  shall 

merits.^  "        thereafter  be  adjusted  from  time  to  time  according 
to  the  provisions  of  section  51  of  The  British  North 
America  Act,  1867. 

Election  of  7.  Until   the   Parliament  of  Canada   otherwise 

House  ol  °  provides,  the  qualifications  of  voters  for  the  election 
Commons,  of  members  of  the  House  of  Commons  and  the  pro- 
ceedings at  and  in  connection  with  elections  of  such 
members  shall,  mutatis  mutandis,  be  those  prescribed  by  law  at 
the  time  this  Act  comes  into  force  with  respect  to  such  elec- 
tions in  the  North-west  Territories. 

Executive  8.  The  Executive  Council  of  the  said  province 

shall  be  composed  of  such  persons,  under  such  desig- 
nations, as  the  Lieutenant  Governor  from  time  to  time  thinks 
fit. 

Seat  of  9.  Unless  and  imtil  the  Lieutenant  Governor  in 

Council  of  the  said  province  otherwise  directs,  by 
proclamation  imder  the  Great  Seal,  the  seat  of  government  of 
the  said  province  shall  be  at  Regina. 

Powers  of  10.  All  powers,  authorities  and  functions  which 

a'oternor"      Under  any  law  were  before  the  coming  into  force  of 
and  Council,  this  Act  vested  in  or  exercisable  by  the  Lieutenant 
Crovernor  of  the  North-west  Territories,  with  the 
advice  and  consent  of  the  Executive  Coimcil  thereof,  or  in  con- 


PIONEER    LEGISLATION  1267 

junction  with  that  Council  thereof,  or  in  conjunction  with  that 
Council  or  with  any  member  or  members  thereof,  or  by  the 
said  Lieutenant  Governor  individually,  shall,  so  far  as  they 
are  capable  of  being  exercised  after  the  coming  into  force  of 
this  Act  in  relation  to  the  government  of  the  said  province,  be 
^-ested  in  and  shall  or  may  be  exercised  by  the  Lieutenant 
Governor  of  the  said  province,  with  the  advice  or  with  the  and 
consent  of,  or  in  conjunction  with,  the  Executive  Council  of  the 
said  province  or  any  member  or  members  thereof,  or  by  the 
Lieutenant  Governor  individually,  as  the  ca&e  requires,  subject 
nevertheless  to  be  abolished  or  a.ltered  by  the  legislature  of  the 
said  province. 

11.  The  Lieutenant  Governor  in  Council  shall,  as  Great  Seai. 
soon  as  may  be  after  this  Act  comes  into  force,  adopt 

and  provide  a  Great  Seal  of  the  said  province,  and  may,  from 
time  to  time  change  such  seal. 

12.  There  shall  be  a  Legislature  for  the  said  prov-  Legislature, 
ince  consisting  of  the  Lieutenant  Governor  and  one 

House,  to  be  styled  the  Legislative  Assembly  of  Saskatchewan. 

13.  Until  the  said  Legislature  otherwise  provides.  Legislative 
the    Legislative    Assembly    shall    be    composed    of    ^^^"™   ^' 
twenty-five  members,  to  be  elected  to  represent  the  electoral 
divisions  defined  in  the  schedule  of  this  Act. 

14.  Until  the  said  Legislature  otherwise  deter-  Election  of 
mines,,  all  the  provisions  of  the  law  with  regard  to  Assembly .°^ 
the  constitution  of  the  Legislative  Assembly  of  the 
IvTorth-west  Territories  and  the  election  of  members  thereof 
shall  apply,  mutatis  mutandis,  to  the  Legislative  Assembly  of 
the  said  province  and  the  election  of  members  thereof  respec- 
tively. 

15.  The  writs  for  the  election  of  the  members  of  writs  for 
the  first  Legislative  Assembly  of  the  said  province  e™ction. 
shall  be  issued  by  the  Lieutenant  Governor  and  made 
returnable  within  six  months  after  this  Act  comes  into  force. 

16.  All  laws  and  all  orders  and  regulations  made  Laws,  courts 
thereunder,  so  far  as  they  are  not  inconsistent  with  cont?nu^" 
anything  contained  in  this  Act,  or  as  to  which  this 

Act  contains  no  provision  intended  as  a  substitute  therefor,  and 
all  courts  of  civil  and  criminal  jurisdiction,  and  all  commis- 
28159— 80J 


1268  CANAJBIAN    AECHIVES 

sions,  powers,  authorities  and  functions,  and  all  commissions, 
powers,  authorities  and  functions,  and  all  officers,  and  function- 
aries, judicial,  administrative  and  ministral,  existing  immedi- 
ately before  the  coming  into  force  of  this  Act  in  the  territory 
hereby  established  as  the  province  of  Saskatchewan,  shall  con- 
tinue in  the  said  province  as  if  this  Act  and  The  Alberta  Act  had 
not  been  passed  subject,  nevertheless,  except  with  respect  to  such 
as  are  enacted  by  or  existing  under  Acts  of  the  Parliament  of 
Great  Britain  or  of  the  Parliament  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  to  be  repealed,  abolished  or  altered 
by  the  Parliament  of  Canada,  or  by  the  Legislature  of  the  said 
province,  according  to  the  authority  of  the  Parliament  or  of  the 
Proviso.  said  Legislature:  Provided  that  all  powers  authori- 
ties and  functions  which  under  any  law,  order  or 
regulation  were,  before  the  coming  into  force  of  this  Act,  vested 
in  or  exercisable  by  any  public  officer  or  functionary  of  the 
North-west  Territories  shall  be  vested  in  and  exercisable  in  and 
for  the  said  province  by  like  public  officers  and  functionaries  of 
the  said  province  when  appointed  by  competent  authority. 

Province  2,  The  Legislature  of  the  province,  may,  for  all 

suifreme'^*^  purposes  affecting  or  extending  to  the  said  province, 
Court  of  abolish  the  Supreme  Court  of  the  North-west  Terri- 
'^■^■'^-  tories,  and  the  offices,  both  judicial  and  ministerial, 

thereof,  and  the  jurisdiction,  powers  and  authority  belonging 
or  incident  to  the  said  court:  Provided  that,  if  upon  such 
Proviso.  abolition,  the  Legislature  constitutes  a  superior  court 
of  criminal  jurisdiction,  the  procedure  in  criminal 
matters  then  obtaining  in  respect  of  the  Supreme  Court  of  the 
North-west  Territories  shall,  until  otherwise  provided  by  com- 
petent authority,  continue  to  apply  to  such  superior  court,  and 
that  the  Governor  in  Council  may  at  any  time  and  from  time 
to  time  declare  all  or  any  part  of  such  procedure  to  be  inappli- 
cable to  such  superior  court. 

As  to  certain  3.  All  societies  or  associations  incorporated  by 
in^Nlw^T!"^  ^^  under  the  authority  of  the  Legislature  of  the 
North-west  Territories  existing  at  the  time  of  the 
coming  into  force  of  this  Act  which  include  within  their  objects 
the  regulation  of  the  practice  of,  or  the  right  to  practise,  any 
profession  or  trade  in  the  North-west  Territories,  such  as  the 
legal  or  the  medical  profession,  dentistry,  pharmaceutical 
chemistry  and  the  like,  shall  continue,  subject,  however,  to  be 
dissolved  and  abolished  by  order  of  the  Governor  in  Council, 


PIONEER    LEGISl^TION  ,  1269 

and  each  of  such  societies  shall  have  power  to  arrange  for  and 
effect  the  payment  of  its  debts  and  liabilities,  and  the  division, 
disposition  or  transfer  of  its  property. 


4.  Every  joint-stock    company    lawfully    incor-  As  to  joint 
porated  by  or  under  the  authority  of  any  ordinance  ^nies!^°"^' 
of  the  North-west  Territories  shall  be  subject  to  the 
legislative  authority  of  the  province  of  Saskatchewan  if — 

(a.)  the  head  office  or  the  registered  office  of  such  company 
is  at  the  time  of  the  coming  into  force  of  this  Act  situate  in 
ihe  province  of  Saskatchewan ;  and 

(&.)  the  powers  and  objects  of  such  company  are  such  as 
.might  be  conferred  by  the  Legislature  of  the  said  province 
and  not  expressly  authorized  to  be  executed  in  any  part  of 
the  North-west  Territories  beyond  the  limits  of  the  said  pro- 
vince. 

17.  Section  93  of  The  British  North  America  Education. 
Act,  1867,  shall  apply  to  the  said  province,  with  the 
substitution  for  paragraph  (1)  of  the  said  section  93,  of  the  fol- 
lowing paragraph: — 

"(1)  Nothing  in  any  such  law  shall  prejudicially  affect  any 
right  or  privilege  with  respect  to  separate  schools  which  any 
cla?s  of  persons  have  at  the  date  of  the  passing  of  this  Act, 
under  the  terms  of  chapters  29  and  30  of  the  Ordinances  of 
the  North-west  Territories,  passed  in  the  year  1901,  or  with 
re?pect  to  religious  instruction  in  any  public  or  separate  school 
as  provided  for  in  the  said  ordinances." 

2.  In  the  appropriation  by  the  Legislature  or  distribution 
by  the  Government  of  the  province  of  any  moneys  for  the 
support  of  schools  organized  and  carried  on  in  accordance  with 
the  said  chapter  29,  or  any  Act  passed  in  amendment  thereof 
or  in  suibstitution  therefor,  there  shall  be  no  discrimination 
against  schools  of  any  class  described  in  the  said  chapter  29. 

3.  Where  the  expression  "by  law"  is  employed  in  para- 
giaph  (3)  of  the  said  section  93,  it  shall  be  held  to  mean  the 
law  as  set  out  in  the  said  chapters  29  and  30 ;  and  where  the 
expression  "at  the  Union"  is  employed,  in  the  said  paragraph 
(3),  it  shall  be  held  to  mean  the  date  at  which  this  Act  comes 
into  force.  *" 

18.  The  following  amounts  shall  be  allowed  as  subsidy  to 
an  annual  subsidy  to  the  province  of  Saskatchewan,  p^°^'"^®- 


1270  CANADIAN  ARCHIVES 

and  shall  be  paid  by  the  Government  of  Canada,  by  half-yearly 
instalments  in  advance,  to  the  said  province,  that  is  to  say: — 
For  Govern-;  (a)  for  the  support  of  the  Government  and 
"^^^^'  Legislature,  fifty  thousand  dollars; 

In  propor-  (&)   on  an  estimated  population  of  two  hundred 

pS'uiSion.  and  fifty  thousand,  at  eighty  cents  per  head,  two 
hundred  thousand  dollars,  subject  to  be  increased  as 
hereinafter  mentioned,  that  is  to  say: — a  census  of  the  said 
province  shall  be  taken  in  every  fifth  year  reckoning  from  the 
general  census  of  one  thousand  nine  hundred  and  one,  and  an 
approximate  estimate  of  the  population  shall  be  made  at  equal 
intervals  of  time  between  each  quinquennial  and  decennial  cen- 
sus; and  whenever  the  population,  by  any  such  census  or  esti- 
mate, exceeds  two  hundred  and  fifty  thousand,  which  shall  be 
the  minimum  on  w^hich  the  said  allowance  shall  be  calculated, 
the  amount  of  the  said  allowance  shall  be  increased  accordingly, 
and  so  on  until  the  population  has  reached  eight  hundred  thou- 
sand souls. 

Annual  19.  Inasmuch  as  the  said  province  is  not  in  debt, 

pro^nce  *°  ^^  ^^^^^  ^®  entitled  to  be  paid  and  to  receive  fi-om  the 
Government  of  Canada,  by  half-yearly  payments  in 
advance,  an  annual  sum  of  four  hundred  and  five  thousand 
three  hundred  and  seventy-five  dollars,  being  the  equivalent  of 
interest  at  the  rate  of  five  per  cent  per  annum  on  the  sum  of 
eight  million  one  hundred  and  seven  thousand  five  hundred 
dollars. 

compensa-  20.  Inasmuch  as  the  said  province  will  not  have 

ince  for^'^*'^  ^'^^  public  land  as  a  source  of  revenue,  there  shall  be 
public  lands,  paid  by  Canada  to  the  province  by  half  yearly  pay- 
ments, in  advance,  an  annual  sum  based  upon  the 
population  of  the  province  as  from  time  to  time  ascertained  by 
the  quinquennial  census  thereof,  as  follows : — 

The  population  of  the  said  province  being  assumed  to  be  at 
present  two  hundred  and  fifty  thousand,  the  sum  payable  until 
such  population  reaches  four  hundred  thousand,  shall  be  three 
hundred  and  seventy-five  thousand  dollars ; 

Thereafter,  until  such  population  reaches  eight  hundred 
thousand,  the  sum  payable  shall  be  five  hundred  and  sixty-two 
thousand  five  hundred  dollars  ; 

Thereafter,  until  such  population  reaches  one  million  two 
hundred  thousand,  the  sum  payable  shall  be  seven  hundred  and 
fifty  thousand  dollars ; 


PIONEEK    LEGISLATION  1271 

And  thereafter  the  sum  payable  shall  be  one  million  one 
lamdred  and  twenty-five  thousand  dollars. 

2.  Afl  an  additional  allowance  in  lieu  of  public  Further  com- 
lands,  there  shall  be  paid  by  Canada  to  the  province  ^^"^^  ^^"• 
annually  by  half  yearly  payments,  in  advance,  for  five  years 
from  the  time  this  Act  comes  into  force,  to  provide  for  the  con- 
struction of  necessary  public  buildings,  the  sum  of  ninety-three 
thousand  seven  hundred  and  fifty  dollars. 

21.  All  Crown  lands,  mines  and  minerals  and  Property  in 
royalties  incident  thereto,  and  the  interest  of  the 

Crown  in  the  watera  within  the  province  under  The  North-west 
Irrigation  Act,  1898  shall  continue  to  be  vested  in  the  Crown 
and  administered  by  the  Government  of  Canada  for  the  pur- 
poses of  Canada,  subject  to  the  provisions  of  any  Act  of  Par- 
liament of  Canada  with  respect  to  road  allowances  and  roads  or 
trails  in  force  immediately  before  the  coming  into  force  of  this 
Act,  which  shall  apply  to  the  said  province  with  the  substitu- 
tion therein  of  the  said  province  for  the  N^orth-west  Territories. 

22.  All  properties  and  assets  of  the  North-west  Division  of 
Territories  shall  be  divided  equally  between  the  said  ulbTiitier 
province  and  the  province  of  Alberta,  and  the  two  between 
provinces  shall  be  jointly  and  equally  responsible  for  saskat^he^*^ 
all  debts  and  liabilities  of  the  !North-west  Territories :  ^^'^■ 
Provided  that,  if  any  difference  arises  as  to  the  divi- 
sion  and   adjustment   of   such   properties,    assets,    debts    and 
liabilities,   such   difference   shall  be   referred   to   the   arbitra- 
ment of  three  arbitrators,  one  of  whom  shall  be  chosen  by  the 
Lieutenant  Governor  in  Council  of  each  province,  and  the  third 
by  the  Governor  in  Council.     The  selection  of  such  arbitrators 
shall  not  be  made  until  the  Legislatures  of  the  provinces  have 
met,  and  the  arbitrator  chosen  by  Canada  shall  not  be  a  resi- 
dent of  either  province. 

23.  Nothing  in  this  Act  shall  in  any  way  pre-  Rights  of 
judice  or  affect  the  rights  or  properties  of  the  Hud- 
son's Bay  Company  as  contained  in  the  conditions  under  which 
that  company  surrendered  Rupert's  J^and  to  the  Crown. 

24.  The  powers  hereby  granted  to  the  said  prov-  Provision  as  . 
ince  shall  be  exercised  subject  to  the  provisions  of  ° 
section  6  of  the  contract  set  forth  in  the  schedule  to  chapter  1 
of  the  statutes  of  1881,  being  an  Act  respecting  the  Canadian 
Pacific  Railway  Company. 


1272  CANADIAN  AECHIVES 

Commence-  25.  This  Act  shall  come  into  force  on  the  first  day 

ment  of  Act.  ^£  September,  one  thousand  nine  hmidred  and  five. 

SCHEDULE. 

(Section  13.) 

The  province  of  Saskatchewan  shall  be  divided  into  twenty- 
five  electoral  divisions  which  shall  respectively  comprise  and 
consist  of  the  parts  and  portions  of  the  province  hereinafter 
described. 

In  the  following  descriptions  where  "meridians  between 
ranges"  and  "boundaries  of  to\Miships"  or  "boundaries  of 
sections"  are  referred  to  as  the  boundaries  of  electoral  divi- 
sions, these  expressions  mean  the  meridians,  boundaries  of 
townships  or  boundaries  of  sections,  as  the  case  may  be,  in 
accordance  with  the  Dominion  lands  system  of  survevs,  and 
include  the  extension  thereof  in  accordance  with  the  said 
system. 

Names  and  Descriptions  of  Divisions. 

(1)  The  electoral  division  of  Souris,  bounded  as  follows: 
Commencing  at  the  south-east  corner  of  the  said  province  of 

Saskatchewan;  thence  northerly  along  the  east  boundary  of 
the  said  province  of  Saskatchewan  to  the  north  boundary  of 
the  6th  township;  thence  westerly  along  the  said  north 
boundary  of  the  6th  townships  to  the  meridian  between  the 
10th  and  11th  ranges,  west  of  the  2nd  meridian;  thence 
southerly  along  the  said  meridian  between  the  10th  and  11th 
ranges  to  the  southern  boundary  of  the  said  province  of  Saskat- 
chewan; thence  easterly  along  the  said  southern  boundary  of 
the  province  of  Saskatchewan  to  the  point  of  commencement. 

(2)  The  electoral  division  of  Cannington,  bounded  as  fol- 
lows : — 

Commencing  at  the  intersection  of  the  eastern  boundary  of 
the  said  province  of  Saskatchewan  by  the  north  boundary  of 
the  6th  township ;  thence  northerly  along  the  said  eastern 
boundary  of  the  province  of  Saskatchewan  to  the  north 
boundary  of  the  11th  township ;  thence  westerly  along  the 
said  north  boundary  of  the  11th  townships  to  the  meridian 
Ifctween  the  10th  and  11th  ranges,  west  of  the  2nd  meridian; 
thence  southerly  along  the  said  meridian  between  the  lOth 
and  11th  ranges  to  the  north  boimdary  of  the  6th  township; 


PIONEEK    LEGISLATION  1273 

thence  easterly  along  the  said  north  boundary  of  the  6th  town- 
ships to  the  point  of  commenceinent. 

(3)  The  electoral  division  of  Moosomin,  bounded  as  fol- 
lows : — 

Commencing  at  the  intersection  of  the  eastern  boundary  of 
the  said  province  of  Saskatchewan  by  the  north  boundary  of 
the  11th  township;  thence  northerly  along  the  said  eastern 
boundary  of  the  province  of  Saskatchewan  to  the  north 
boundary  of  the  19th  township;  thence  westerly  along  the 
said  north  boundary  of  the  19th  townships  to  the  2nd  meri- 
dian; thence  southerly  along  the  said  2nd  meridian  to  the 
north  boundary  of  the  11th  township ;  thence  easterly  along  the 
said  north  boundary  of  the  11th  townships  to  the  point  of  com- 
mencement. 

(4)  The  electoral  division  of  Whitewood,  bounded  as  fol- 
lows : — 

Commencing  at  the  2nd  meridian  where  it  is  intersected  by 
the  north  boundary  of  the  11th  township;  thence  northerly 
along  the  2nd  meridian  to  the  north  boundary  of  the  20th 
township;  thence  westerly  alona;  the  said  north  boundary  of 
the  20th  townships  to  the  meridian  between  the  4th  and  5th 
ranges,  west  of  the  2nd  meridian;  thence  southerly  along  the 
said  meridian  between  the  4th  and  5th  ranges  to  the  north 
boundary  of  the  11th  township;  thence  easterly  along  the  said 
north  boundary  of  the  11th  townships  to  the  point  of  com- 
mencement. 

(5)  The  electoral, division  of  Grenfell,  bounded  as  follows: 
Commencing  at  the  meridian  between   the  4th   and   5th 

ranges,  west  of  the  2nd  meridian,  where  it  is  intersected  by  the 
north  boundary  of  the  llth  township;  thence  northerly  along 
the  said  meridian  between  the  4th  and  5th  ranges  to  the  north 
boundary  of  the  20th  township ;  thence  westerly  along  the  said 
north  boundary  of  the  20th  townships  to  the  meridian  between 
the  6th  and  7th  ranges,  west  of  the  2nd  meridian ;  thence  north- 
erly along  the  said  meridian  between  the  6th  and  7th  ranges  to 
the  north  boundary  of  the  21st  township ;  thence  westerly  along 
the  said  north  boundary  of  the  21st  township  to  the  meridian 
between  the  7th  and  8th  ran2:es,  west  of  the  2nd  meridian; 
thence  northerly  along  the  said  meridian  between  the  7th  and 
8th  ranges  to  the  north  boundary  of  the  22nd  township ;  thence 
westerly  along  the  said  north  boundary  of  the  22nd  township 


1274  CANADIAN    ARCHIVES 

to  the  meridian  between  the  8th  and  9th  ranges,  west  of  the  2nd 
meridian;  thence  southerly  along  the  said  meridian  between 
the  8th  and  9th  ranges  to  the  north  boundai-y  of  the  11th  to\vn- 
ship;  thence  easterly  along  the  said  north  boundary  of  the  11th 
township  to  the  point  of  commencement. 

(6)  The  electoral  division  of  Wolseley,  bounded  as  follows: 
Cammencing   at   the  meridian   between   the   8th   and   9th 

ranges,  west  of  the  2nd  meridian,  where  it  is  intersected  by  the 
north  boundary  of  the  11th  township ;  thence  northerly  along  the 
said  meridian  between  the  8th  and  9th  ranges  to  the  north 
boundary  of  the  22nd  township ;  thence  westerly  along  the  said 
north  boundary  of  the  22nd  townships  to  the  meridian  between 
the  10th  and  11th  ranges,  west  of  the  2nd  meridian;  thence 
southerly  along  the  said  meridian  between  the  10th  and  11th 
ranges  to  the  north  boundary  of  the  19th  township;  thence 
westerly  along  the  said  north  boundary  of  the  19th  township  to 
the  meridian  between  the  11th  and  12th  ranges,  west  of  the  2nd 
meridian;  thence  southerly  along  the  said  meridian  between 
the  11th  and  12th  ranges  to  the  north  boundary  of  the  11th 
township ;  thence  easterly  along  the  said  north  boundary  of  the 
11th  townships  to  the  point  of  commencement. 

(7)  The  electoral  division  of  Saltcoats,  bounded  as  follows: 
Commencing  at  the  intersection  of  the  eastern  boundary  of 

the  said  province  of  Saskatchewan,  by  the  north  boundary  of 
the  19th  township;  thence  northerly  along  the  said  eastern 
boundary  of  the  province  of  Saskatchewan  to  the  north  bound- 
ary of  the  34th  township ;  thence  westerly  along  the  said  north 
boundary  of  the  34th  townships  to  the  meridian  between  the  3rd 
and  4th  ranges,  west  of  the  2nd  meridian;  thence  southerly 
along  the  said  meridian  between  the  3rd  and  4th  ranges  to  the 
north  boundary  of  the  20th  township ;  thence  easterly  along  the 
said  north  boundary  of  the  20th  townships  to  the  2nd  meri- 
dian; thence  southerly  along  the  said  2nd  meridian  to  the 
north  boundary  of  the  19th  township ;  thence  easterly  along 
the  said  north  boundary  of  the  19th  townships  to  the  point  of 
commencement. 

(8)  The  electoral  division  of  Yorkton,  bounded  as  follows: 
Commencing  at  the   meridian  between  the   3rd   and  4th 

ranges,  west  of  the  2nd  meridian,  where  it  is  intersected  by  the 
north  boundary  of  the  20th  township ;  thence  northerly  along 
the  said  meridian  between  the  3rd  and  4th  ranges  to  the  north 


nONEER    LEOISLATIOISr  1275 

boundary  of  the  Sith  townsliip ;  thence  westerly  along  the  said 
north  boundary  of  the  34th  townships  to  the  meridian  between 
the  10th  and  11th  ranges,  west  of  the  2nd  meridian;  thence 
southerly  along  the  said  meridian  between  the  10th  and  11th 
ranges  to  the  north  boundary  of  the  22nd  township ;  thence 
easterly  along  the  said  north  boundary  of  the  22nd  townships 
to  the  meridian  between  the  7th  and  8th  rang-es,  west  of  the  2nd 
meridian;  thence  southerly  along  the  said  meridian  between 
the  7th  and  8th  ranges  to  the  north  boundary  of  the  21st  town- 
ship; thence  easterly  along  the  said  north  boundary  of  the  21st 
township  to  the  meridian  between  the  6th  and  7th  ranges,  west 
cf  the  2nd  meridian;  thence  southerly  along  the  said  meridian 
between  the  6th  and  7th  ranges  to  the  north  boundary  of  the 
20th  township;  thence  easterly  along  the  said  north  boundary 
of  the  20th  township  to  the  point  of  commencement. 

(9)  The  electoral  division  of  South  Qu'Appelle,  bounded 
a  s  follows : — 

Commencing  at  the  meridian  between  the  10th  and  11th 
ranges,  west  of  the  2nd  meridian,  where  it  is  intersected  by  the 
southern  boundary  of  the  said  province,  of  Saskatchewan; 
thence  northerly  along  the  said  meridian  between  the  10th 
and  11th  ranges  to  the  north  boundary  of  the  11th  township; 
thence  westerly  along  the  said  north  boundaiy  of  the  lltli 
township  to  the  meridian  between  the  11th  and  12th  ranges, 
west  of  the  2nd.  meridian;  thence  northerly  along  the  said 
meridian  between  the  11th  and  12th  ranges  to  the  north  bound- 
ary of  the  19th  township ;  thence  westerly  along  the  said  north 
boundary  of  the  19th  townships  to  the  meridian  between  the 
16th  and  17th  ranges,  west  of  the  2nd  meridian;  thence  south- 
erly along  the  said  meridian  between  the  16th  and  17th  ranges 
to  the  southern  boundary  of  the  said  province  of  Saskatchewan ; 
thence  easterly  along  the  said  southern  boundary  of  the  pro- 
vince of  Saskatchewan  to  the  point  of  commencement, 

(10)  The  electoral  division  of  l^orth  Qu'Appelle,  bounded 
as  follows : — 

Commencing  at  the  meridian  betwe-en  the  10th  and  11th 
ranges,  west  of  the  2nd  meridian,  where  it  is  intersected  by 
the  north  boimdary  of  the  1 9th  townBhip ;  thence  northerly 
along  the  said  meridian  between  the  10th  and  11th  ranges  to 
the  north  boundary  of  the  34th  township;  thence  westerly 
along  the  said  north  boundary  of  the  34th  townships  to  the 
meridian  between  the  16th  and  I7th  ranges,  west  of  the  2nd 


1276  CANADIAN  AKCHIVES 

meridian;  thence  southerly  along  the  said  meridian  between 
the  16th  and  17th  ranges  to  the  north  boundary  of  the  19th 
township;  thence  easterly  along  the  said  north  boundary  of 
the  19th  townships  to  the  point  of  commencement. 

(11)  The  electoral  division  of  South  Regina,  bounded  as 

follows : — 

Commencing  at  the  meridian  between  the  16th  and  17tb 
ranges,  west  of  the  2nd  meridian,  where  it  is  intersected  by 
the  southern  boundary  of  the  said  province  of  Saskatchewan; 
thence  northerly  along  the  said  meridian  between  the  16th  and 
17  th  ranges  to  where  it  is  intersected  by  the  centre  of  the  track 
of  the  main  line  of  the  Canadian  Pacific  Railway ;  thence  west- 
erly along  the  said  centre  of  the  track  of  the  main  line  of  the 
Canadian  Pacific  Railway  to  where  it  is  first  intersected  by  the 
north  boundary  of  the  17th  township;  thence  westerly  along 
the  said  north  boundary  of  the  I7th  townships  to  the  meridian 
between  the  23rd  and  24th  ranges;  west  of  the  2nd  meridian; 
thence  southerly  along  the  said  meridian  between  the  23rd 
and  24th  ranges  to  the  southern  boundary  of  the  said  province 
of  Saskatchewan;  thence  easterly  along  the  said  southern 
boundary  of  the  province  of  Saskatchewan  to  the  point  of 
commenceanent.  Excepting  and  reserving  out  of  the  said 
electoral  division  of  South  Regina  all  that  portion  thereof  com- 
prised within  the  limits  of  the  city  of  Regina  as  incorporated 
by  ordinance  of  the  ITorth-west  Territories. 

(12)  The  electoral  division  of  Regina  City,  comprising  the 
city  of  Regina  as  incorporated  by  ordinance  of  the  ITorth-west 
Territories. 

(13)  The  electoral  division  of  Lumsden,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  16th  and  17th 
ranges,  west  of  the  2nd  meridian,  where  it  is  intersected  by 
the  centre  of  the  track  of  the  main  line  of  the  Canadian  Paci- 
fic Railway ;  thence  northerly  along  the  said  meridian  between 
the  16th  and  17th  ranges  to  the  north  boundary  of  the  34th 
township ;  thence  westerly  along  the  said  north  boundary  of 
the  34th  townships  to  the  meridian  between  the  23rd  and  24th 
ranoes,  west  of  the  2nd  meridian;  thence  southerly  along  the 
said  meridian  between  the  23rd  and  24th  ranges  to  the  point 
where  it  is  first  intersected  by  the  east  shore  of  Last  Mountain 
lake,  thence  southerly  along  the  said  east  shore  of  the  said 


PIONEEE    LEGISLATION  1277 

lake  to  ifcs  intersection  with  the  meridian  between  the  23rd 
and  24th  ranges  in  township  24;  thence  southerly  along  the 
said  meridian  between  the  23rd  and  24th  ranges  to  the  north 
boundary  of  the  I7th  township;  thence  easterly  along  the 
said  north  boundary  of  the  17th  townships  to  where  it  is  first 
intersected  by  the  centre  of  the  track  of  the  main  line  of  the 
Canadian  Pacific  Railway;  thence  easterly  along  the  said 
centre  of  the  track  of  the  main  line  of  the  Canadian  Pacific 
"Railway  to  the  point  of  cominencement. 

(14)  The  electoral  division  of  Moosejaw,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  23rd  and  24th 
ranges,  west  of  the  2nd  meridian,  where  it  is  intersected  by 
the  southern  boundary  of  the  said  province  of  Saskatchewan; 
thence  northerly  along  the  said  meridian  between  the  23rd 
and  24th  ranges  to  the  point  where  the  said  meridian  intersects 
the  east  shore  of  Last  Mountain  lake  in  township  24;  thence 
northerly  along  the  said  east  shore  of  Last  Mountain  lake  to 
its  intersection  with  the  northern  boundary  of  township  26, 
thence  westerly  along  the  said  north  boundary  of  the  26th 
townships  to  the  meridian  between  the  7th  and  8th  ranges, 
west  of  the  3rd  meridian;  thence  southerly  along  the  said 
meridian  between  the  7th  and  8th  ranges  to  the  southern  bound- 
ary of  the  said  province  of  Saskatchewan ;  thence  easterly 
along  the  said  southern  boundary  of  the  province  of  Saskatche- 
wan to  the  point  of  commencement; — excepting  and  reserving 
out  of  the  said  electoral  division  of  Moosejaw  all  that  portion 
thereof  comprised  within  the  limits  of  the  city  of  Moosejaw 
as  incorporated  by  ordinance  of  the  ISTorth-west  Territories. 

(15)  The  edectoral  division  of  Moosejaw  City,  comprising 
the  city  of  Moosejaw  as  incorporated  by  ordinance  of  the  ISTorth- 
wesit  Territories. 

(16)  The  electoral  division  of  Maple  Creek,  bounded  as 
follows : — 

Commencing  at  the  meridian  between  the  7th  and  8th  ranges, 
west  of  the  3rd  meridian,  where  it  is  intersected  by  the  south- 
ern boundary  of  the  said  province  of  Saskatchewan;  thence 
northerly  along  the  said  meridian  between  the  7th  and  8th 
ranges  to  the  north  boundary  of  the  26th  township;  thence 
westerly  along  the  said  north  boundary  of  the  26th  townships 
to  the  western  boundary  of  the  said  province  of  Saskatchewan ; 


1278  CANADIAN  ARCHIVES 

thence  southerly  along  the  said  western  boundary  of  the  pro- 
vince of  Saskatchewan  to  the  southern  boundary  of  the  said 
province  of  Saskatchewan;  thence  easterly  along  the  said 
southern  boundary  of  the  province  of  Saskatchewan  to  the  point 
of  commencement. 

(17)  The  electoral  division  of  Humboldt,  bounded  as  fol- 
lows : — 

Commencing-  at  the  intersection  of  the  eastern  boundary 
of  the  said  province  of  Saskatchewan  by  the  north  boundary 
of  the  34th  township ;  thence  northerly  along  the  said  eastern 
boundary  of  the  province  of  Saskatchew^an  to  the  north  bound- 
ary of  the  42nd  township;  thence  Avesterly  along  the  said  north 
boundary  of  the  42nd  townships  to  the  meridian  between  the 
24th  and  25th  ranges,  west  of  the  2nd  meridian;  thence  south- 
erly along  the  said  meridian  between  the  24th  and  25th  ranges 
to  the  north  boundary  of  the  34th  township ;  thence  easterly 
along  the  said  north  boundary  of  the  34th  townships  to  the 
point  of  coonmencement. 

(18)  The  electoral  division  of  Kinistino,  bounded  as  fol- 
lows : — 

Commencing  at  the  intersection  of  the  eastern  boundary  of 
the  said  province  of  Saskatchewan  by  the  north  boimdary  of 
the  42nd  township ;  thence  northerly  along  the  said  eastern 
boundary  of  the  province  of  Saskatchewan  to  the  north-east 
corner  of  the  said  province ;  thence  westerly  along  the  northern 
boundary  of  the  said  province  of  Saskatchewan  to  the  meri- 
dian between  the  24th  and  25th  ranges,  west  of  the  2nd 
meridian;  thence  southerly  along  the  said  meridian  between 
the  24th  and  25th  ranges  to  the  north  limit  of  the  Indian 
Reserve  Chief  Muskoday;  thence  easterly  along  the  said 
north  limit  of  the  Indian  Reserve  Chief  Muskoday  to  the  South 
Saskatchewan  River;  thence  along  the  South  Saskatchewan 
river  up  stream  to  the  north  boundary  of  the  45th  township; 
thence  easterly  along  the  said  north  boundaiw  of  the  45th  town- 
ships to  the  meridian  between  the  24th  and  25th  ranges,  west 
of  the  2nd  meridian ;  thence  southerly  along  the  said  meridian 
between  the  24th  and  25th  ranges,  to  the  north  boundary  of  the 
42nd  township;  thence  easterly  along  the  said  north  boundary 
of  the  42nd  townships  to  the  point  of  commencement, 

(19)  The  electoral  division  of  Prince  Albert,  bounded  as 
follows : — 


PIONEEK    LEGISLATION  1279 

Commencing'  at  the  meridian  between  the  24th  and  25th 
ranges,  west  of  the  2nd  meridian,  where  it  is  intereected  by 
the  northern  boundary  of  the  said  province  of  Saskateliewan ; 
thence  westerly  along  the  said  northern  boundary  of  the  pro- 
vince of  Saskatchewan  to  tlie  meridian  between  the  5th  and  6th 
ranges,  west  of  the  3rd  meridian;  thence  southerly  along  the 
said  meridian  between  the  5th  and  6th  ranges  to  the  north 
boundary  of  the  47th  township ;  thence  easterly  along  the  said 
north  boundary  of  the  47th  townships  to  the  meridian  between 
the  1st  and  2nd  ranges,  west  of  the  3rd  meridian;  thence 
southerly  along  the  said  meridian  between  the  1st  and  2nd 
ranges  to  the  north  boundary  of  the  46th  township;  thence 
easterly  along  the  said  north  boundary  of  the  46th  townships 
to  the  3rd  meridian ;  thence  southerly  along  the  said  3rd  meri- 
dian to  the  South  Saskatchewan  river;  thence  along 'the  said 
South  Saskatchewan  river  do^^al  stream  to  the  north  limit  of 
the  Indian  Reserve  Chief  Muskoday ;  thence  westerly  along  the 
said  north  limit  of  the  Indian  Eeserve  Chief  Muskoday  to  the 
meridian  between  the  24th  and  25th  ranges,  west  of  the  2nd 
meridian;  thence  nortberly  along  the  said  meridian  between 
the  24th  and  25th  ranges  to  the  point  of  commencement;  ex- 
cepting and  reserving  out  of  the  said  electoral  division  all  those 
portions  described  as  follows: — 

Firstly,  the  city  of  Prince  Albert  as  incorporated  by  ordi- 
nances of  the  North-west  Territories ;  and 

Secondly,  those  portions  of  lots  68,  69,  70,  71,  72,  73,  74 
75,  76,  77,  78,  79,  80,  81  and  82  of  the  Prince  Albert  settle- 
ment which  lie  to  the  south  of  the  said  city  of  Prince  Albert  as 
incorporated  and  that  portion  of  the  Hudson  Bay  reserve  out- 
side of  and  adjoining  the  said  city  on  the  east  and  south  and 
which  lies  to  the  north  of  the  production  in  a  straight  line 
easterly  of  the  southern  boundary  of  the  said  lot  82  in  the 
Prince  Albert  settlement ;  and 

Thirdly,  fractional  sections  13  and  24  in  the  48th  township 
in  the  26th  range  west  of  the  2nd  meridian. 

(20)  The  electoral  division  of  Prince  Albert  City,  compris- 
ing:— 

Firstly,  the  city  of  Prince  Albert  as  incorporated  by  ordi- 
nance of  the  ]!^opth-west  Territories ;  and 

Secondly,  those  portions  of  lots  68,  69,  70,  71,  72,  73,  74 
75,  76,  77,  78,  79,  80,  81  and  82  of  the  Prince  Albert  settle- 
ment  which  lie  to  the  south  of  the  said  city  of  Prince  Albert 


1280  CANADIAN    AKCIIIVES 

as  incorporated  and  that  portion  of  the  Hudson  Bay  reserve 
outside  of  and  adjoining  the  said  city  on  the  east  and  south 
and  which  lies  to  the  north  of  the  production  in  a  straight  line 
easterly  of  the  southern  boundary  of  the"  said  lot  82  in  the 
Prince  Albert  settlement ;  and 

Thirdly,  fractional  sections  13  and  24  in  the  48th  township 
in  the  26th  range,  west  of  the  2nd  meridian. 

(21)  The  electoral  division  of  Batoche,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  23rd  and  24th 
ranges,  west  of  the  2nd  meridian,  where  it  is  intersected  by  the 
north  boundary  of  the  26th  township;  thence  northerly  along 
the  said  meridian  between  the  23rd  and  24th  ranges  to  the 
north  boundary  of  the  34th  township;  thence  westerly  along  the 
said  north  boundary  of  the  34th  township  to  the  meridian 
between  the  24th  and  25th  ranges,  west  of  the  2nd.  meridian ; 
thence  northerly  along  the  said  meridian  between  the  24th  and 
25th  ranges  to  the  north  boundary  of  the  45th  tovsniship ;  thence 
westerly  along  the  said  north  boundary  of  the  45th  townships 
to  where  it  first  intersects  the  South  Saskatchewan  river ;  thence 
along  the  said  South  Saskatchewan  river  up  stream  to  the  north 
boundary  of  the  40th  township ;  thence  easterly  along  the  said 
north  boundary  of  the  40th  townships  to  the  meridian  between 
the  1st  and  2nd  ranges,  west  of  the  3rd  meridian;  thence 
southerly  along  the  said  meridian  between  the  1st  and  2nd 
ranges  to  the  north  boundary  of  the  26th  township ;  thence 
easterly  along  the  said  north  boundary  of  the  26th  townships 
to  the  point  of  commencement. 

(22)  The  electoral  division  of  Saskatoon,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  1st  and  2nd 
ranges,  west  of  the  3rd  meridian,  where  it  is  intersected  by  the 
north  boundary  of  the  26th  township;  thence  northerly  along 
the  said  meridian  between  the  1st  and  2nd  ranges  to  the  north 
boundary  of  the  40th  township ;  thence  westerly  along  the  said 
north  boundary  of  the  40th  township  to  the  South  Saskatchewan 
river;  thence  along  the  said  South  Saskatchewan  river  down 
stream  to  the  north  boundary  of  the  41st  to\vnship;  thence 
westerly  along  the  said  north  boundary  of  the  41st  townships 
to  the  ISTorlh  Saskatchewan  river ;  thence  along  the  said  ^orth 
Saskatchewan  river  up  stream  to  the  meridian  between  the  13th 
and  14tli  ranges  west  of  the  3rd  meridian ;   thence  southerly 


PIONEEE    LEGISLATION  1281 

along  the  said  meridian  between  the  13th  and  14th  ranges  to 
the  north  boundary  of  the  26th  township ;  thence  easterly  along 
the  said  north  boundary  of  the  26th  townships  to  the  point  of 
commencement. 

(23)  The  electoral  division  of  Rosthern  bounded  as  fol- 
lows : — 

Commencing  at  the  north  boundary  of  the  41st  'township 
where  it  is  intersected  by  the  South  Saskatchewan  river ;  thence 
along  the  said  South  Saskatchewan  river  down  stream  to  the 
3rd  meridian;  thence  northerly  along  the  said  3rd  meridian  to 
the  north  boundary  of  the  46th  township;  thence  westerly 
along  the  said  north  boundary  of  the  46th  township  to  the 
meridian  between  the  1st  and  2nd  ranges,  west  of  the  3rd 
meridian ;  thence  northerly  along  the  said  meridian  between 
the  1st  and  2nd  ranges  to  the  north  boundary  of  the  47th 
township;  thence  westerly  along  the  said  north  boundary  of 
the  47th  townships  to  the  meridian  between  the  5th  and  6th 
ranges,  west  of  the  3rd  meridian ;  thence  southerly  along  the 
said  meridian  between  the  5th  and  6th  ranges  to  the  IN'orth 
Saskatchewan  river;  thence  along  the  said  ISTorth  Saskatche- 
wan river  up  stream  to  the  north  boundary  of  the  41st  town- 
ship; thence  easterly  along  the  said  north  boundary  of  the 
41st  townships  to  the  point  of  commencement. 

(24)  The  electoral  division  of  Eedberry,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  5th  and  6th 
ranges,  west  of  the  3rd  meridian,  where  it  is  intersected  by  the 
Norch  Saskatchewan  river;  thence  northerly  along  the  said 
meridian  between  the  5th  and  6th  ranges,  to  the  northern 
boundary  of  the  said  province  of  Saskatchewan;  thence  wester- 
ly along  the  said  northern  boundary  of  the  province  of  Saskat- 
chewan to  the  meridian  between  the  13th  and  14th  ranges,  west 
of  the  3rd  meridian ;  thence  southerly  along  the  said  meridian 
between  the  13th  and  14th  ranges,  to  the  ISTorth  Saskatchewan 
river;  thence  along  the  said  ]S[orth  Saskatchewan  river  down 
stream  to  the  point  of  commencement,  ^ 

(25)  The  electoral  division  of  Battleford,  bounded  as  fol- 
lows : — 

Commencing  at  the  meridian  between  the  13th  and  14th 
ranges,  west  of  the  3rd  meridian,  where  it  is  intersected  by 
the  north  boundary  of  the  26th  township ;  thence  northerly 
•      28159—81 


1282  CANADIAN  ARCHIVES 

along  the  said  meridian  between  the  13th  and  14th  ranges,  to 
the  northea-n  boundary  of  the  said  province  of  Saskatchewan; 
thence  westerly  along  the  said  northern  boundary  of  the  pro- 
vince of  Saskatchewan  to  the  western  boundary  of  the  said 
provinice  of  Saskatchewan ;  tlience  southerly  along  the  said 
western  boundary  of  the  province  of  Saskatchewan  to  the  north 
boundary  of  the  26th  to\vnshi'p ;  thence  easterly  along  the  said 
north  bounrlary  of  the  26th  townships  to  the  point  of  commence- 
ment. 

APPENDIX. 

1  An  Act  for  extending  the  jurisdiction  of  the  Courts  of 
Justice  in  the  Provinces  of  Loiv'er  and  Upper  Canada 

Anno   quadragesimo    tertio    Georgii   3,  Regis. 

CH.  CXXXVIII. 

An  Act  for  extending  the  jurisdiction  of  the  Courts  of  Justice 
in  the  Province  of  Lower  Canada,  and  Upper  Canada,  to 
the  trial  and  punishment  of  persons  guilty  of  crimes  and 
offences  within  certain  iparts  of  North  America  adjoining 
to  the  said  Provinces. 

(11th  August,  1803.) 

Whereas  crimes  and  offences  have  been  committed  in  the 
Indian  Territories  and  other  parts  of  America  not  within  the 
limits  of  the  Provinces  of  Upper  or  Lower  Canada,  or  either  of 
them,  or  of  the  jurisdiction  of  any  of  the  Courts  established 
in  those  provinces  or  within  the  limits  of  any  civil  government 
of  the  United  States  of  America,  and  are  therefore  not  cogniz- 
able by  any  jurisdiction  whatever,  and  by  reason  thereof  great 
crimes  and  offences  have  gone,  and  may  hereafter  go  unpunish- 
ed, and  greatly  increase — for  remedy  whereof,  May  it  please 
your  Majesty  that  it  may  be  enacted,  and  be  it  enacted  by  the 
King's  Most  Excellent  Majesty  by  and  with  the  consent  and 
advice  of  the  Lords  Spiritual  and  Temporal  and  Commons  in 
this  present  Parliament  as>emhled,  and  by  the  authority  of  the 
same,  That,  from  and  after  the  passing  of  this  Act,  all  offences 
committed  within  any  of  the  Indian  territories  or  parts  of 
^Vmerica,  not  within  the  limits  of  either  of  the  said  Provinces 
of  Upper  or  Lower  Canada,  or  of  any  civil  government  of  the 
United  States  of  America,  shall  be,  and  be  deemed  to  be,  offen- 


PIOJsEEE    LEGISLATION  1283 

ces  of  the  same  nature  and  shall  be  tried  in  the  same  manner 
and  subject  to  the  same  punishment  as  if  the  same  had  been 
committed  within  the  Province  of  Lower  or  Upper  Canada. 

2.  And  be  it  further  Enacted,  that  it  shall  be  lawful  for  the 
Governor  or  Lieutenant  Goveraor,  or  person  administering  the 
Government  for  the  time  being  of  the  Province  of  Lower  Can- 
ada by  Commission  under  his  hand  and  seal,  to  authorise  and 
empower  any  person  6r  persons  whomsoever  resident  or  being  at 
the  time,  to  act  as  Civil  Magistrates  and  Justices  of  the  Peace 
for  any  of  the  Indian  Territories  or  parts  of  America  not  with- 
in the  limits  of  either  of  the  said  provinces  or  of  any  civil  gov- 
ernment of  the  United  States  of  America,  as  well  as  withi» 
the  limits  of  either  of  the  said  Provinces,  either  upon  informa- 
tions taken  or  given  within  the  said  Provinces  of  Lower  or  Up- 
per Canada,  or  ou4;  of  the  said  Provinces  in  any  part  of  tho 
Indian  Territories  or  parts  of  America  aforesaid,  for  the  pur- 
pose only  of  hearing  crimes  and  offenses  and  committing  any 
ix-rson  or  persons  guilty  of  any  crime  or  offence  to  safe  custody 
in  order  to  his  or  their  being  conveyed  to  the  said  Province  of 
Lower  Cannda  to  be  dealt  with  according  to  law,  and  it  shall 
be  lawful  for  any  person  or  persons  whatsoever  to  apprehend 
and  take  before  any  person  so  commissioned  as  aforesaid,  or  to 
apprehend  and  convey  or  cause  to  be  safely  conveyed  with  all 
cc-nvenient  speed  to  the  Province  of  Lower  Canada  any  T)€rson  or 
persons  guilty  of  any  crime  or  offence  there  to  be  delivered  in- 
tu  safe  custody  for  the  purpose  of  being  dealt  with  according  to 
law. 

3rd.  And  he  it  further  Enacted,  that  every  such  offender  may 
and  shall  be  prosecuted  and  tried  in  the  Courts  of  the  Province 
of  Lower  Canada  (or  if  the  Governor,  or  Lieutenant  Governor, 
or  person  administering  the  government  for  the  time  being, 
shall  from  any  of  the  circumstances  of  the  crime  or  offence, 
or  the  local  situation  of  any  of  the'  witnesses  for  the  prosecai 
tion  or  defence  think  justice  may  be  more  conveniently  admin- 
istered in  relation  to  such  crime  or  offence  in  the  Province  of 
Upper  Canada  and  shall  by  any  instrument  under  the  great 
seal  of  the  Province  of  Lower  Canada,  declare  the  same,  then 
that  every  such  offender  may  and  shall  be  prosecuted  and  tried 
in  the  Court  of  the  Province  of  Upper  Canada)  in  which 
crimes  or  offences  of  the  like  nature  are  usually  tried,  and 
where  the  same  would  have  been  tried,  if  such  crime  or  offence 
28159— 81i 


1284  CANADIAN    AliCHIVES 

had  been  committed  within  the  limits  of  the  Province  where 
the  same  shall  be  tried  under  this  Act;  and  every  offender  tried 
and  convicted  under  this  Act  shall  be  liable  and  subject  to  such 
punishment  as  may  by  any  law  in  force  in  the  Province  where 
he  or  she  shall  be  tried  be  inflicted  for  such  crime  or  offence, 
and  such  crime  or  offence  may  and  shall  be  laid  and  charged 
io  have  been  committed  within  the  jurisdiction  of  such  Court, 
and  such  Court  may  and  shall  proceed  therein  to  trial,  judg- 
ment and  execution  or  other  punishment  for  such  crime  or 
offence  in  the  same  manner  and  in  every  respect  as  if  such  crime 
or  offence  had  really  been  committed  within  the  jurisdiction 
of  such  Court,  and  shall  also  be  lawful  for  the  Judges  and  other 
officers  the  said  Courts  to  issue  subpoenas  and  other  processes 
for  enforcing  the  attendance  of  witnesses  on  any  such  trial, 
and  such  subpoenas  and  other  processes  shall  be  as  valid  and 
effectual  and  be  in  full  force,  and  put  in  execution  in  any  parts 
of  the  Indian  Territories  or  other  parts  of  America  out  of  and 
not  within  the  limits  of  the  civil  government  of  the  United 
■  States  of  America  as  well  as  within  the  limits  of  either  of  the 
said  Provinces  of  Upper  or  Lower  Canada  in  relation  to  the 
trial  of  any  crimes  or  offences  by  this  Act  made  cognizable  in 
such  Court,  or  to  the  more  speedy  and  effectually  bringing 
any  offender  or  offenders  to  justice  under  this  Act  as  fully  and 
amply  as  any  subpoenas  or  other  processes  are  within  the  limits 
of  the  jurisdiction  of  this  Court,  from  which  any  such  subpoenas 
or  processes  shall  have  issued  as  aforesaid ;  any  Act  or  Acts,  law 
or  laws,  custom,  usage,  matter  or  thing  to  the  contrary  notwith- 
standing. 

4th.  Provided  always,  and  he  it  further  enacted,  that  if  any 
crime  or  offence  charged  and  prosecuted  under  this  act  shall 
be  proved  to  have  been  committed  by  any  person  or  persons 
not  beinsc  a  subject  or  subjects  of  His  Majesty  and  also  within 
the  limits  of  any  Colony,  Settlement  or  Territory,  belonging 
to  any  European  States,  the  Court  before  which  such  prosecu- 
tion shall  be  had,  shall  forthwith  acquit  such  person  or  persons, 
not  being  such  subject  or  subjects  as  aforesaid,  of  such  charge. 

5th.  Provided  nevertheless,  that  it  shall  and  may  be  law- 
ful for  such  Court  to  proceed  in  the  trial  of  any  other  person 
being  a  subject  or  subjects  of  His  Majesty,  who  shall  be 
charged  with  the  same  or  any  other  offence,  notwithstanding 
such  offence  shall  appear  to  have  been  committed  within  the 
limits  of  any  Colony,  Settlement  or  Territory,  belonging  to 
any  European  State  as  aforesaid. 


PIONEEE    LEGISLATION  1285 

2.  Hudson's  Bay  Company's  Code  of  Penal  Laws,  Published 
at  Moose  Factory,  Sept.  1,  1815.^^^ 

Public  Notice. 

Bj  Thomas  Vincent,  Esquire,  Governor  of  the  Southern  Ter- 
ritories of  Rupert's  Land. 

Whereas  the  Servants  in  the  pay  of  the  Honble.  Hudson's 
Bay  Company  in  this  department  have  heretofore  given  much 
and  general  cause  of  Complaint,  by  reason  of  their  diso- 
bedience, neglect  of  duty.  Combinations,  and  desertion,  to  the 
great  injury  of  the  Company,  the  degredation  of  the  Officers, 
and  the  subversion  of  all  order  and  discipline,  and  that  no 
individual  shall  from  and  after  the  date  hereof  plead  Ignorance 
of  the  Punishment  which  will  follow  the  above  offences  in  par- 
ticular, and  all  other  misdemeanours  in  general.  This  is  to 
give  I^otice  to  all  Persons  of  whatever  denomination  within 
these  Territories,  That  all  Crimes,  Offences  or  misdeamean- 
ours,  which  are  cognizable  by  the  Laws  of  England  will  in 
future  be  punished  according  to  the  said  Laws. 

And  I  hereby  caution  all  Artisans,  tradesmen.  Sailors,  and 
labourers,  and  all  servants  of  every  denomination  in  the  pay 
of  the  aforesaid  Honble.  Company  against  Committing  any  of 
the  above  offences;  or  any  other,  as  from  and  after  the  date 
of  this  Notice,  each  and  every  breach  of  the  Laws  will 
assuredly  be  attended  with  certain  punishment,  which  will  be 
proportioned  to  the  Crime  Committed. 

And  as  there  are  of  necessity  foreigners  and  other  persons 
unacquainted  with  the  Laws  of  England  in  the  service  of  the 
said  Honble.  Company,  who  may  be  ignorant  of  the  conse- 
quences attendant  upon  a  breach  of  the  Laws,  the  Governor  of 
those  Territories  by  and  with  the  advice  of  his  Council,  have 
deemed  it  prudent  to  state  the  leading  offences  at  the  foot  here- 
of, and  opposite  to  them  the  probable  punishment  which  will 
attach  to  each,  and  The  Governor  and  Council,  recommend 
them  to  the  serious  consideration  not  only  of  the  foreigners  of 
whatever  nation  but  also  to  the  entire  of  the  Servants,  whether 
English,  Irish,  Scotch  or  Orkneymen. 

And  fully  aware  as  the  Governor  and  Council  are  that 
there  are  now  in  the  service  of  the  said  Honble.  Company  in 
this  department  many  individuals  of  turbulent  and  refractory 

'  Dominion  Archives.    Red  River  DisturbanceSj  M.  778  F. 


1286  CANADIAN  AECHIVES 

dispositions,  they  will  do  well  to  be  cautions  how  they  behave 
in  future  as  it  is  resolved  the  law  shall  be  strictly  enforced, 
and  that  no  offence,  infraction  of  duty,  or  misbehaviour  of  any 
description  whatever  shall  be  overlooked  or  passed  by  un- 
noticed. 

And  as  there  are  also  many  individuals  of  peaceable 
demeanour  and  uniform  good  conduct  in  this  department,  it  is 
hoped  that  they  will  continue  to  conduct  themselves  with  the 
same  propriety  for  the  time  to  come,  encouragement  will  only 
be  given  to  the  most  deserving  and  protection  and  support  to 
the  meritorious  and  well  disposed. 

And  all  Chief  factors,  Traders,  masters  of  posts,  and  other 
Officers  who  shall  have  men  placed  under  their  Command,  are 
hereby  ordered  to  make  known  to  the  individuals  placed  under 
them  respectively,  the  substance  of  this  notice,  which  must  be 
done  by  reading  the  entire  contents  to  the  whole  of  the  persons 
collectively,  or  individually  under  their  respective  commands, 
and  thus  the  Chief  factors,  Traders,  masters  of  posts  and  all 
other  officers  are  commanded  to  perform,  and  on  no  account, 
pretext  or  pretence  to  neglect. 

And  By  Virtue  of  the  powers  and  authority  to  me  given 
by  the  Honble.  The  Governor,  Deputy  Governor  &  Committee 
of  the  Hudson's  Bay  Company  I  hereby  Command  all  Officers 
of  whatever  description,  within  the  Territories  of  the  Southern 
Department,  whether  Chief  Factors,  Traders,  masters  of  posts, 
writei*s,  Schooner  or  Shallop  masters,  and  all  other  Subaltern 
Officers,  of  whatever  rank  or  denomination,  who  may  have  men 
]>laced  under  them,  to  report  twice  in  the  course  of  the  year 
it  possible,  but  at  least  once  in  the  year,  all  cases  of  infraction 
of  duty  or  disobedience  of  which  any  of  the  people  placed 
under  their  respective  Commands  shall  be  guilty.  These 
reports  are  to  be  directed  to  the  Secretary,  sealed  and  folded 
in  the  form  of  a  Letter  as  no  verbal  reports  can  be  attended  to. 


PIONEER    LEGISLATION 


1287 


Leading  Offences. 


Punishment  Attendant. 


fif  any    servant  shall    be  founcH  xr.^^^ /-.„„,•„.•„  .i^„„..  „  t>.,„ 
•A      r  TVT  ..•  T  i  Upon  Conviction  the  same  run- 

-        §"£^^  °i¥"iY'r 'lf"y 'f„!:^        -ment  will  be  inflicted  as  in 


Mutiny  and  des-  ,      g^^^^-^^  ^^  j^^^^^  whatever  place 


ertion. 


Combination. 


Disobedience,  in 
science  or  dis- 
respect. 


Assault  i  n  g 
officer. 


Who  will  be  con-  | 
sidered  a.s  ac--i 
cessories.  I 


L 


he  is  ordered  to  remain  at  and  | 
defend.  J 


the  Army  and  Navy  besides 
loss  of  pay. 


f  If  two  or  more  Servants  combine  1  p-  ,  ■  ,    •     „„ _„„  ^.r  „o.„-ava- 

j  together  to  oppose  any  public  I  ^Ti^im  not  be'Tess  thaTone 
I  order  whatever,  or  instigate  or  | 
-J  induce  others  to  resist  or  oppose  1- 
any  command  which  may  be  I 
I  given  by  any  of  the  Officers  of  ■ 
t     whatever  rank  or  denomination  J 


year's  Pay,  and  imprisonment 
in  Irons  or  otherwise  at  the 
discretion  of  the  Governor  and 
Council. 


f  If  any  man  shall  refuse  to  obey  ]  The  same  punishment  as  is  in- 
I      an  Order  given  by  any  Officer  |      flicted  for  similar  offences  in 
-|      of  whatever  rank,  or  that  gives  )-     the  Army  and  Navy,  besides 
I      insolent  or  provoking  language  j      fine  and  confinement. 
L     or  that  behaves  improperly.       j 


f  if  any  man  shall  strike  his  Officer,  ) 
i  or  threatens  to  strike  him,  or  | 
-{  abuse  him  in  any  other  maimer  J- 
I  whatever,  whether  a  Commis-  | 
i      sioned  or  Subaltern  Officer.       J 

(  And  if  one  or  more  servants  hap-  ^ 
pen  to  be  near,  or  are  present  j 

I      when  an  officer  is  struck,  or  1 
when    any    threats    are    used  I 

I  towards  an  Officer,  and  if  the  | 
persons  so  present  do  not  pro-  )- 
tect  the  Officer  against  the  ill- 
usage  he  is  threatened  with  or  | 
if  the  said  persons  refuse  to  I 
interfere  or  do  not  defend  their  | 
superior.  J 


Corporal  punisbment,  loss  of 
pay  and  imprisonment  in  Irons 
or  otherwise  at  the  discretion 
of  the  Governor  and  Council . 


Upon  Conviction  they  will  be 
punished  as  accessories  in  such 
manner  as  the  Governor  and 
Council  shall  determine. 


When  one,  two,  or  more  Servants  'i 
shall    be  convicted  of  having  I 

neglected    or   Carelessly    per-  I  pine  in  proportion  to   the  mag 
formed  auy  duty  entrusted  to  y     ^it^de-  of  the  offence, 
them  merelj;  from  negligence  "  ^ 

or  in  opfiosition  to  their  orders,  | 
or  for  any  other  cause  whatever.  ) 


Given  at  Moose  Factory  on  the  first  day  of  September  in 
the  year  of  Our  Lord,  One  Thousand  Eight  Hundred  and  fif- 
teen. 

(Signed)     THOMAS  VINCENT, 

Secretary  of  the  Southern  Department. 

Governor  Rupert's  Land  Southern  Department. 


1288  CANADIAN    ARCHIVES 

S.  Selhlrh  Treaty  with  the  Indians,  July  18,  1817^^^ 

THE  SELKIRK  TREATY. 

This  Indenture^  made  on  the  eighteenth  day  of  July,  in  tho 
fifty-seventh  year  of  the  reign  of  our  Sovereign  Lord  King 
George  the  Third,  and  in  the  year  of  our  Lord  eighteen 
hundred  and  seventeen,  between  the  undersigned  Chiefs 
and  warriors  of  the  Chippeway  or  Saulteaux  Nation  and 
of  the  Killistine  or  Cree  ISTation,  on  the  one  part,  and  the 
Right  Honourable  Thomas  Earl  of  Selkirk,  on  the  other 
part: 

Witnesseth  that  for  and  in  consideration  of  the  annual 
present  or  quit  rent  hereinafter  mentioned,  the  said  Chiefs 
have  given,  granted  and  confirmed,  and  do,  by  these  presents, 
give,  grant  and  confirm  unto  our  Sovereign  Lord  the  King  all 
that  tract  of  land  adjacent  to  Red  River  and  Ossiniboyne 
River,  beginning  at  the  mouth  of  Red  River  and  extending 
along  same  as  far  as  Great  Eorks  at  the  mouth  of  Red  Lake 
River,  and  along  Ossiniboyne  River,  otherwise  called  Riviere 
des  Champignons,  and  extending  to  the  the  distance  of  six 
miles  from  Fort  Douglas  on  every  side,  and  likewise  from 
Fort  Doer,  and  also  from  the  Great  Forks  and  in  other  parts 
extending  in  breadth  to  the  distance  of  two  English  statute 
miles  back  from  the  banks  of  the  said  rivers,  on  each  side, 
together  with  all  the  appurtenances  whatsoever  of  the  said  tract 

*  Morris,  Treaties  of  Canada  with  the  Indians,  pp.  299-300.  On  July 
17,  1817,  Selkirk  wrote  to  Hon.  W.  B.  CoUman,  "  You  are  aware  that  one 
of  the  allegations  which  have  been  made  in  vindication  of  the  North  West 
Company,  is  that  the  outrages  committed  here  have  arisen  from  the 
jealousy  of  the  native  Indians  against  agricultural  settlements,  and  their 
resentment  against  my  settlers,  for  having  possession  of  their  lands  with- 
out their  consent  or  any  purchase  from  them.  I  believe  you  have  already 
heard  enough  to  be  satisfied  how  little  foundation  there  is  for  any  such 
idea.  But  it  would  be  still  more  satisfactory  if  the  sentiments  of  the 
Indians  on  that  point  were  explicitly  and  formally  declared  in  your 
presence,  and  still  more  so  if  they  would  consent  to  a  specific  cession  of  a 
portion  of  their  lands  to  bet  set  aside  for  the  express  purpose  of  agri- 
cultural settlements. 

With  a  view  to  obviate  misrepresentation  and  to  show  in  a  more  de- 
cided manner  their  sense  of  the  benefits  likely  to  arise  from  agricultural 
establishments,  I  would  propose  to  them,  not  a  sale  but  a  gift.  If  a 
large  quantity  of  goods  were  offered  for  the  purchase,  it  might  be  said, 
that  the  temptation  of  immediate  advantage  had  induced  them  to  sacri- 
iko  their  permanent  interests.  I  would  therefore  propose  to  them,  merely 
a  small  annual  present,  in  the  nature  of  a  quit  rent,  or  acknowledgment 
of  their  right,  and  having  specified  what  I  intend  to  give  in  this  way  I 
would  leave  it  to  themselves  to  specify  the  boundaries  of  the  lands,  which 
they  might  agree  to  give  up  on  that  consideration,  and  to  appropriate  to 
country.  But  at  all  events  the  transaction  would  seem  to  facilitate  the 
settlement  of  tho  country  under  Crown  grants,  in  the  event  of  my  title 
being  found  defective. 


PIONEEK    LEGISLATION  1289 

of  land,  to  have  and  to  hold  forever  the  said  tract  of  land  and 
appurtenances  to  the  use  of  the  said  Earl  of  Selkirk,  and  of  the 
settlers  being  established  thereon,  with  the  consent  and  per- 
mission of  our  Sovereign  Lord  the  King,  or  of  the  said  Earl 
of  Selkirk.  Provided  always,  and  these  presents  are  under 
the  express  condition  that  the  said  Earl,  his  heirs  and  succes- 
sors, or  their  agents,  shall  annually  pay  to  the  Chiefs  and  war- 
riors and  successors,  or  their  agents,  shall  annually  pay  to  the 
Chiefs  and  warriors  of  the  Chipi^eway  or  Siaulteaux  Nation, 
the  present  or  quit  rent  consisting  of  one  hundred  pounds 
weight  of  good  and  merchantable  tobacco,  to  be  delivered  on 
or  before  the  tenth  day  of  October  at  the  forks  of  Ossiniboyne 
Kiver — and  to  the  Chiefs  and  warriors  of  the  Killistine  or 
Cree  ITation,  a  like  present  or  quit  rent  of  one  hundred  pounds 
of  tobacco,  to  be  delivered  to  them  on  or  before  the  said  tenth 
day  of  October,  at  Portage  de  la  Prairie,  on  the  banks  of  Ossi- 
niboyne River.  Provided  always  that  the  traders  hitherto 
established  upon  any  part  of  the  above-mentioned  tract  of  land 
shall  not  be  molested  in  the  possession  of  the  lands  which  they 
have  already  cultivated  and  improved,  till  His  Majesty's  plea- 
sure shall  be  known. 

In  witness  whereof  the    Chiefs    aforesaid    have    set    their 
marks,  at  the  Forks  of  Red  River  on  the  day  aforesaid. 
(Signed)     Selkiek. 

Mache  Wheseab,         His  x  mark. 
Le  Sonnant. 

Mechkaddewikonaie^  •'     X     •' 
La  robe  noire. 

Kayajieskebinoa,  "     X     •■ 

L' Homme  Noir. 

Pegowis..  "     X     " 

OUCKIDOAT^  "       X       " 

Signed  in  presence  of  Le  Premier. 

Thomas  Thomas. 
James  Bird. 
F.  Matthey, 

Captain. 
P.  D.  Orsonnens, 

Capiain. 
Miles  Macdonnell. 
J.  Bte.  Charles  De  Lorimiee. 
Louis  ISTolin, 

Inter  prefer. 


1290  CANADIAN  AKCUIVES 

J^.  Abstract  of  Condition  of  the  Settlement  in  Spring  of  1822. 
The  Selkirk  Papers  (xxiv  7673  sq.)  have  preserved  for  us 
a  very  full  abstract  of  the  condition  of  the  settlement  in  the 
spring  of  1822.  This  statement  gives  a  complete  inventory  of 
the  buildings  and  other  properties,  the  tools  and  utensils,  the 
list  of  books  belonging  to  the  settlement,  the  amount  of  seed 
sown,  and  a  census  of  settlers  and  cattle.  We  give  here  only 
a  summary, — 

Men 234 

Women ..  161 

Bovs 443 

Girls 443^ 

Houses 126 

Gardens 160 

SEED    SOWN. 

Bushels. 

Potatoes 570 

Wheat 2351^8 

Barley 1422%2 

Indian  Corn 12i%2 

Peas 17% 

^Another  item  appears  for  681,      What  this  means  is  not  quite  clear 
anless  it  refers  to  natives. 

CATTLE. 

Bulls 3 

Oxen 6 

Cows 45 

Calves 39 

Sheep 10 

Ram,  Young 1 

Horses 78 

Pigs 12 

Establishment  at  Fort  Douglas: — 

Value. 

£  s.  d. 

Fort  Douglas.  132  feet  in  front  by  105  long....  236  12  6 

1  house ^ 1,090  3  2 

1  house 185  7  8 

1  house 24  15  0 

1  house 109  13  4 

1  house 46  12  0 

1  house 8  13  0 

1  house 27  5  6 

1  mill 121  16  10 

1  barn 36  6  6 

1  stable 5  10  0 

1  ice  house 32  0  0 

1  potato  house 20  0  0 

The  2  bastions.. 721  16  2 

Carpenter  tools 37  14  6 

Blacksmith  tools 57  4  0 

Gardeners  tools 6  9  1 

Tinsmiths  tools 5  8  2 

Kitchen  utensils 27  11  3 

Pembina  buildings 38i  8  1 

Saws,  etc ,.  25  15  0 

Playfield  farm 545  18  2 

Boats,  rigging,  etc 866  Of 

£4.620     0 


PIO^'EER    LEGISLATIOIS' 


1291 


List  of  Books  belonging  to  Eed  River  Settlement,  June, 
1822:— 
Vols. 

2.  Abridgment  of  tlie  Bath  Papers  on  Agriculture. 
1.  Headricks  view  of  the  Island  of  Amar. 

3.  Lewis  and  Clark's  Travels  up  the  Missouri. 
1.  Lancaster  on  Education. 

1.  G.  Manual. 

1.  Joyce's  Analysis  of  Smith's  Wealth  of  Nations. 

1.  Joyce's  Arithmetic. 

1.  Joyce  on  the  Sciences. 

2.  Aocum's  Chemistry. 

4.  Chambaud's  Dictionary. 
2.  Johnson's  Dictionary. 

1.  Entick's  Dictionary. 
1.  Render's  Dictionary. 
1.  Tomlin's  Law  Dictionary. 

1.  Hogg  on  Sheep. 

2.  Hogg's  Brownie. 

1.  Laysteric  on  Merino  Sheep. 

1.  Trotter  on  Drunkenness. 

1.  Hendereou  on  Swine. 

1.  Clater  on  horned  Cattle. 

1.  "     on  Farriery. 

1.  Memoirs  of  the  AVar  in  Spain. 

3.  Burn's  Justice. 
3.  Blackstone. 

1.  Pope's  Odyssev. 

1.         "     Hiad. 

3.  Edgeworth's  Popular  Tales. 

(5.  "  Fashionable  Talcs. 

3".  "  Moral  Tales. 

1.  Cottage  of  Gilenburne. 

12.  Robertson's  Works. 

3.  Franklin's  Works. 

1.  Keys  on  Bees. 

1.  Guy's  Fables. 

1.  Hamilton  on  Schools. 

1.  "         Religious  Exercises. 

1.  Domestic  Cookery. 

5.  Burn's  Poems. 

10.   Shakespeare's  Poems. 


1292  CANADIAN  ARCHIVES 

3.  Selections  from  the  Spectator. 
1.  Knight  on  the  Apple  Tree. 

1.  Mawes  Catalogue  of  Minerals. 

1.  Murray's  English  Grammar. 

2.  Graham's  Poems, 
2.  Crabbes  Borough. 

Tales. 
1.  "         Poems. 

4.  Milton's  Works. 

1.  Smith's  Introduction  to  Botany. 
1.  Bloomfield's  Faraier  Boy. 

1.  Thompson's  Seasons. 

4.  Don  Quixote. 

2.  Robinson  Crusoe. 

3.  Lives  of  the  Poets. 
7.  Scientific  Dialogues. 

2.  Dialogues  on  Chemistry. 

1.  Bonnycastle's  Astronomy. 
1.  "  Trigonometry. 

1.  "  Geometry. 

2.  "  Algeba. 

2.  "  Mensuration. 
1.  Falconer's  Shipwreck. 

1.  Arrowsmith's  Atlas. 

3.  Furgason's  Lectures. 

3.  Leadbeater's  Cottage  Dialogues. 
7.  Recueil  des  Planches  sur  la  Science. 
23.  Perth's  Encyclopedia. 

Hume's  History  of  England. 
1.  Guthrie's  Grammar  of  Geography. 

5.  Count  Rumford's  Essays. 
1.  Carver's  Travels. 

1.  Hooper's  Medical  Dictionary. 
"  1.  Analectic  Magazine. 
1.  Instructions  pour  la  Berges  par  Danbenton. 

5.  Form  of  Indenture  for  Grant  of  Land,  Nov.  3,  1823.^^^ 

This  Indenture  made  the  Third  Day  of  November 
in  the  Year  One  Thousand  Eight  Hundred  and  twenty  three,. 
between    Sir    James    Montgomery,    of    Stanhope,     in    the 

^Dominion   Archives.     Bulger   Correspondence,  M.  151,  pp.   451-462. 


PIONEER    LEGISLATION  1293 

County  of  Peebles,  in  Scotland,  Baronet;  Adam  Maitland, 
of  Dundrennan,  in  the  Coiintj  of  Kirkcudbright,  Esquire; 
Andrew  Colvile,  of  Ochiltree  and  Crombie,  in  the  County  of 
Fife,  in  Scotland,  and  of  Leadenhall  Street,  in  the  City  of  Lon- 
don, Esquire;  John  Halkett,  formerly  of  Seymour  Place, 
in  the  Parish  of  St.  George's,  Hanover  Square,  afterwards  of 
Spring  Garden,  in  the  Parish  of  St.  Martin  in  the  Fields,  in 
the  Liberties  of  Westminster,  Esquire ;  and  James  Wedder- 
BURN,  Esquire,  His  Majesty's  Solicitor-General  for  Scotland; 
Trustees  to  whom  the  deceased  thomas  earl  of  Selkirk  de- 
vised all  his  real  and  personal  Estates  wheresoever  situated, 
by  two  several  Testamentary  Dispositions,  the  one  dated  the 
twentieth  day  of  December,  in  the  Year  1806,  and  the  other 
dated  the  seventh  day  of  August,  in  the  Year  1819 ;  both  duly 
proved  in  the  Prerogative  Court  of  His  Grace  the  Archbishop 
of  Canterbury,  on  the  sixth  day  of  June,  in  the  Year  1820; 
and  also  duly  registered  in  the  Register  Book  A,  folio         ,  of 

the  Registry  of  this  Colony,  at  Fort  Douglas ,on  the 

Banks  of  Red  River,  (the  other  Trustees  named  and  appointed 
by  the  said  deceased  Thomas  Earl  of  Silkirk  having  declined  to 
act,  and  having  renounced  the  Trust  meant  to  have  been  reposed 
in  them,  by  a  certain  Instrimient  of  Renunciation,  bearing  date 
the  first  day  of  July,  in  the  Year  1820,  also  registered  in  the 
same  Register  Book  A,  folio  )  of  the  one  Part,  and  Charles 
Bouche. 

Whereas  by  Indenture  bearing  Date  the  12th  Day  of  June 
1811,  and  made  between  the  Governor  and  Company  of  Ad- 
venturers of  England,  trading  into  Hudson's  Bay  of  the  one 
Part,  and  the  said  deceased  Thomas  Earl  of  Selkirk  of  the 
other  Part,  Nine-Tenth  Parts  of  a  certain  Tract  of  Land,  or 
Territory,  being  within,  and  forming  Part  of  certain  Lands 
and  Territories  of  the  said  Governor  and  Company,  in  North 
America,  called  Rupert's  Land,  have  been  conveved  and  fissur- 
ed unto,  and  to  the  Use  of,  the  said  Earl  of  Selkirk,  his  Heirs, 
and  Assigns,  for  ever;  nevertheless,  upon,  under,  and  subject 
to,  certain  Conditions  in  the  said  Indenture,  expressed  and  de- 
clared concerning  the  same,  which  Indenture  is  duly  registered 
in  the  Registry  of  this  Colony,  kept  at  Fort  Douglas  ,  in 
Book  A,  folio  ,  an  Abstract  of  which  Conditions  is  con- 
tained in  Schedule,  ISTo.  1,  hereunto  annexed . 

And  Whereas  the  said  Charles  Bouche 
is  desirous  of  establishing  himself  as  a  Settler  upon  the  said 


1294  CANADIAN    ARCHIVES 

Land,  and  the  said  first  Parties  to  these  Presents  have  agreed 
to  Demise  such  Part  thereof  as  is  hereinafter  described,  nnto 
the  said  Charles  Bouche  in  manner 

hereinafter  mentioned.  ITow  theeefore,  this  Indenture 
WiTNESSETH,that  in  pursuance  of  the  said  Agreement,  and  in 
consideration  of 

of  lawful  English  money,  paid  by  the  said 
to  the  said  first  Parties  to  these  Presents,  immedjiately  before 
the  Execution  of  these  Presents,  the  Receipt  whereof  is  hereby 
acknowledged,  the  said  first  Parties  to  these  Presents  do,  by 
these  Presents,  Grant,  Demise,  and  Lease  unto  the  said  Charles 
Bouche  Executors,  Admin- 

istrators, and  Assigns,  all  that  Parcel  of  Land,  being  part  of 
the  said  Tract  of  Land,  or  Territory,  conveyed  and  assured  to 
the  said  deceased  Thomas  Earl  of  Selkirk,  as  aforesaid,  contain- 
ing by  Admeasurement 

square  Acres,  and  bounded  by  an  imaginary  Line,  as  follows 
(that  is  to  say)  : 

To  HAVE  AND  TO  HOLD  the  Said  Land  hereby  demised,  or 
intended  so  to  be,  and  every  Part  thereof  unto  the  said 

Executors,  Administrators,  and 
Assigns,  from  the  Day  of  the  Date  of  these  Presents,  for  the 
full  Term  of  One  Thousand  Years,  thence  next  ensuing,  and 
fully  to  be  complete  and  ended;  Yielding  and  paying  therefore 
Yearly  and  every  year,  during  the  said  Term,  the  Pent  of 

Provided  Always  and  the  said 
doth  hereby  declare  and  agree  to  and  with  the  said  first  Parties 
to  these  Presents,  and  their  Assigns,  and  the  Heirsi  and  As- 
signs of  the  said  Thomas  Earl  of  Selkirk,  that  the  said 

Executors,  Admin- 
istrators, Assigns,  and  all  other  persons  whomsoever,  deriv- 
ing Title  by,  from,  through,  or  under  him,  them,  or  any  of  them, 
phall  and  will  at  all  times  during  the  said  Term,  observe,  per- 
form, fulfil,  and  keep  all  and  singular  the  Conditions  express- 
ed and  contained  in  the  hereinbefore-recited  Conveyance  from 
the  said  Governor  and  Company  to  the  said  deceased  Thomas 
Earl  of  Selkirk,  of  which  an  Abstract  is  given  in  Schedule,  ISJ'o. 
1,  hereunto,  annexed,  so  far  as  the  same  Conditions  concern 
find  apply  to  the  Land  hereby  demised ;  and  also  the  Orders  and 
Pegnlations  specified  in  the  Schedule,  IsTo.  2,  hereunto  annexed, 
in  so  far  as  the  same  apply  to  the  Land  hereby  demised,  and 


PIONEEE    LEGISLATION  1295 

also  that  the  said 

or  Assigns,  shall  and  will  henceforth  settle  and  estab- 

lish himself,  herself,  or  themselves,  upon  the  said  Piece  of 
Land  hereby  demised ;  And  also  that  he,  she,  thej,  or  some  or 
one  of  them,  shall  and  will,  within 

Years  from  the  Date  of  these  Presents,  bring,  or  cause  or  pro- 
cure to  be  brought  into  a  state  of  Cultivation 

Part  of  the  said  demised  Land,  and  thence- 
forth continue  the  same  in  swch  State.  And  further,  that  the 
said  Executors, 

Administrators,  and 'Assigns,  shall  and  will  from  time  to  time, 
and  at  all  times  during  the  said  Term,  contribute  in  a  due  Pro- 
portion to  the  Expense  of  all  Public  Establishments,  whether 
of  an  Ecclesiastical,  Civil,  Military,  or  other  Nature,  which 
shall  or  may  be  formed  under  the  Authority  of  the  Charter 
given  and  granted  by  his  late  Majesty  King  Charles  the  Second, 
to  the  said  Governor  and  Company,  and  their  Successors,  for 
the  Regulation  of  the  Settlement  or  Settlements  upon  the  Land 
so  conveyed  to  the  said  deceased  Thomas  Earl  of  Selkirk  as 
aforesaid,  especially  in  or  towards  the  Making  and  Repairing 
of  Public  Roads  and  Bridges.     And  further,  that  the  said 

Executors,  Admin- 
istrators, Assign?,  or  other  Person  or  Persons  deriving  Title  by, 
from,  through,  or  under  him,  them  or  any  of  them,  shall  not  at 
any  time  or  times  during  the  said  Term,  Distil,  or  cause  or  pro- 
cure to  be  Distilled,  Spirituous  Liquors  of  any  Nature  or  Kind 
soever,  upon  the  Land  hereby  demised,  nor  upon  or  within  any 
Part  of  the  Land  or  Territory  so  conveyed  to  the  said  deceaserl 
Thomas  Earl  of  Selkirk  as  aforesaid,  nor  shall  any  other  Person 
or  Persons  whomsoever,  at  any  time  or  times  djuring  the  said 
Term,  Distil  any  such  Spirituous  Liquors  upon  the  said  Land 
hereby  demised,  or  any  Part  thereof.  And  further  that  the 
said 

shall  not,  nor  shall  any  Person  or  Persons,  deriving  Title  by, 
from,  or  under  him  at  any  time  or  times  during  the  first 

Years  of  the  said  Term,  I"^nder]et, 
Assign  or  otherwise  Alienate  or  Dispose  of  the  Land  hereby 
demised,  or  any  Part  thereof,  for  all  or  any  Part  of  the  said 
Term,  without  the  Consent  in  Writing  of  the  said  first  Parties 
to  these  Presents,  or  their  Assigns ;  or  the  Heirs,  or  Assigns,  of 
the  said  deceased  Thomas  Earl  of  Selkirk,  in  that  behalf  first 
had  and  obtained. 


1296  CANADIAN  ARCHIVES 

And  it  is  hekeby  lastly  agreed  by  and  between  the  said 
Parties  to  these  Presents,  that  if  the  said 

Executors,  Administra- 
tors, Assigns,  or  other  Person  or  Persons  deriving  TitJ/e-  by, 
from,  through,  or  imder  him,  them,  or  any  of  them,  shall  not 
register,  or  cause  these  Presents,  and  also  every  subsequent 
Conveyance,  Assignment,  or  Lease  of  the  hereby  demised  Pre- 
mises, or  of  any  part  thereof,  to  be  registered  in  the  Register  of 
the  said  Colony,  kept  at  Fort  Douglas  on  the  Banks  of  Red 
River  aforesaid,  or  where  the  said  Register  of  the  said  Colony 
shall  be  kept  at  the  time,  or  shall  not  well  and  truly  observe, 
perform,  fulfil,  and  keep  all  and  every  the  Conditions  and 
Agreements  hereinbefore  contained,  then  and  in  such  case  the 
said  first  Parties  to  these  Presents,  or  their  Assigns,  or  the 
Heirs  or  Assigns  of  the  said  deceased  Thomas  Earl  of  Selkirk, 
shall  or  may  Enter  upon  any  Part  of  the  Land  hereby  demised, 
and  from  and  after  such  Entw  made,  the  said  Term  of  One 
Thousand  Years,  and  these  Presents,  shall  cease  and  be  void. 
Tn  Witness  whereof,  the  snid  Parties  to  these  Presents  have 
hereunto  set  their  Hands  and  Seals,  the  Day  and  Year  first 
above  written. 

Signed,  Sealed,  and  Delivered,  in  the  Presence  of 

[Endorsed] 

SCHEDULE,  N'O.  1. 

An  Absteact  of  the  several  Conditions  expressed  in  a  cer- 
tain Grant  or  EeofFment,  wherein  The  Governor  and  Com- 
pany OF  Adventurers  of  England  trading  into  Hudson's 
Bay  gave,  granted,  enfeofl^ed,  and  confirmed  to  Thomas  Earl 
OF  Selkirk  certain  Lands,  situated  within  the  Boundaries  of 
the  Plantation  or  Colony  in  l^orth  America,  called  Rupert's 
Land,  which  was  granted  to  the  said  Company  by  Royal  Char- 
ter in  the  Reign  of  Charles  II. 

First.  That  the  said  Earl  of  Selkirk,  his  Heirs,  or  Assigns,  or 
any  other  Person  or  Persons  deriving.  Title  by  from, 
through,  or  under  him,  them,  or  any  of  them,  shall  not, 
nor  will,  at  any  time  or  times  hereafter,  in  or  by  any  dir- 
ect or  indirect,  mediate  or  immediate  manner,  ways  or 
means,  infringe  or  violate,  or  set  about  or  attempt  to  in- 
fringe or  violate,  or  aid,  assist,  or  abet,  or  set  about,  or  at- 
tempt to  aid,   assist,   or  abet,   or  supply  with    Spirituous 


PIONEER    LEGISLATION  1297 

Liquors,  Tradino-  Goods,  Provisions,  or  other  Necessaries, 
any  Persons  or  Person  whomsoever,  corporate  or  incorpor- 
ate, or  any  Prince,  Power,  Potentate,  or  State  whatsoever, 
who  shall  infringe,  or  violate,  or  who  shall  set  about,  or  at- 
tempt to  infringe,  or  violate  the  exclusive  Rights,  Powers, 
Privileges,  and  Immunities  of  Commerce,  Trade,  and 
Traffic,  or  all,  or  any  other  of  the  exclusive  Rights,  Powers, 
Privileges,  and  Immunities  of  or  belonging,  or  in  any  wise 
appertaining  to,  or  held,  used,  or  enjoyed,  by  the  said  Gover- 
nor and  Company,  and  their  Successors,  and  particularly 
such  Rights,  Powers,  Privileges,  and  Immunities,  as  they 
are  entitled  to  under,  or  by  virtue,  of,  or  which  were  given 
and  granted,  or  intended  to  be  granted  to  them,  or  their 
Successors,  by  the  Charter  of  his  late  Majesty  King  Charles 
the  Second,  bearing  date  on  or  about  the  2nd  Day  of  May, 
in  the  Year  1669,  (save  and  except  such  Rights,  Powers, 
Privileges,  Immunities,  and  Franchises,  as  are  incident  to 
the  Land  thereby  granted,  or  any  Part  or  Parcel  of  the 
same,  without  the  License  or  Consent  of  the  Governor  of  the 
said  Company,  and  their  Successors  for  the  time  l>eing,  for 
that  purpose  first  had  and  obtained. 

Secondly.  That  the  said  Earl  of  Selkirk,  his  Heirs,  or  Assigns, 
or  any  Person  deriving  Title  by,  from,  through,  or  under 
him,  them,  or  any  of  them,  shall  not,  in  any  manner,  with- 
out such  License  or  Consent  as  afor^aid,  carry  on,  or  estab- 
lish, or  attempt  to  carry  on,  or  establish,  in  any  Parts  of 
North  America,  any  Trade  or  Traffic,  in,  or  relating  to  any 
kind  of  Furs  or  Peltry,  or  in  any  manner  directly  or  indi- 
rectly aid,  or  abet  any  Person  or  Persons  in  carrying  on 
such  Trade  or  Traffic,  or  in  any  manner  (otherwise  than  as 
thereinafter  mentioned)  navigate,  or  traffic,  or  assist  in 
navigating,  or  trafficking  upon,  or  within  any  of  the  Seas  or 
Waters  within  Hudson's  Streights  aforesaid,  or  unlawfully 
enter  into,  or  trespass  upon  any  part  of  the  Land  or  Terri- 
tories belonging  to  the  said  Governor  and  Companv,  and 
their  Successors,  in  or  at  Rupert's  Land  aforesaid,  not 
thereby  granted. 

Thirdly,  That  the  said  Earl  of  Selkirk,  his  Heirs,  and  Assigns, 
and  all,  and  every  the  Person  and  Persons  whomsoever, 
claiming  or  deriving  Title  by,  from,  through,  or  under  him, 
them,  or  any  of  them,  as  Lessee  or  Lessees,  or  otherwise, 
28159—82 


1298  CAJVADIA^    ARCHIVES 

shall,  and  may  convey  any  produce  of  Rupert's  Land  afore- 
said, save  and  except  the  Furs  or  Skins  of  Beavers,  and 
other  animals  of  a  wild  and  untamed  nature,)  to  Port  jSFel- 
son,  in  Hudson's  Bay,  and  to  commit,  send,  and  consign 
the  same  to  the  Port  of  London,  to  be  there  disposed  and 
lodged  in  the  Warehouses  belonging  to,  or  to  be  from  time  to 
time  appointed  by  the  said  Governor  and  Company,  and 
their  Successors,  and  in  like  manner  to  imporl,  bring,  and 
convey  into  the  said  Land  and  Territories,  called  Rupert's 
Land,  any  Goods,  Wares,  Merchandise,  or  Commodities  of 
any  Kind,  ISTature,  or  Description  whatsoever  as  well  manu- 
factured as  umnanufactured  for  the  Use,  Convenience,  and 
ConsumjDtion  of  the  Persons  being  or  residing  within  the 
limits  of  the  Lands  thereby  granted,  and  to  sell,  barter  and 
exchange,  or  otherwise  dispose  of  the  same,  at  his  and  their 
Will  and  Pleasure. 

Fourtlihj,  That  the  said  Produce,  Goods,  Wares,  Merchandises 
and  Commodities  shall  be  conveyed  to  and  from  Port  Nel- 
son in  Ships  or  Vessels,  to  be  from  time  to  time  provided 
by  the  said  Governor  and  Company,  and  their  Successors, 
in  pursuance  of  the  Agreement  in  that  behalf  therein  after 
mentioned. 

Fiftlily,  That  the  said  Governor  and  Company,  and  their  Suc- 
cessors, shall  and  may  claim,  and  shall  be  paid  and  allowed 
by  the  Owner  or  Proprietor,  or  Owners  or  Proprietors  of 
the  said^Produce,  Goods,  Wares,  Merchandises,  and  Com- 
modities, all  Charges  as  and  for  and  in  the  nature  of  Quay- 
age, Wharfage,  Warehouse  Room,  and  Commission  for 
Sale,  which  shall  be,  or  constitute  the  Average  or  ordinary 
Price  or  Prices  in  similar  cases,  together  with  such  Charge 
for  Freightage  as  shall  at  the  time  or  respective  times  be 
paid,  or  payable  for  Vessels  navigating  between  the  Ports 
of  London  and  Quebec,  or  at  or  for  such  rates  of  Freight 
as  Vessels  can  or  may  be  Chartered  between  London  and 
Hudson's  Bay,  and  the  said  Governor  and  Company,  shall 
and  may  also  charge,  and  shall  be  paid  and  allowed  for  the 
License  thereby  given  and  granted  to  and  for  the  purposes 
therein  after  mentioned  as  in  the  nature  of  a  Custom  or 
Duty,  any  sum  not  exceeding  £5  for  and  upon  every  £100 
in  Value  or  Amount  of  the  Produce,  Goods,  Wares,  Mer- 
chandise,  and  Commodities,   which  shall   or  may  be  con- 


'  PIONEEK    LEGISLATION  >  1299 

veyed  to  or  from  Port  Nelson  aforesaid,  and  so  in  propor- 
tion for  a  less  Quantity  in  Value  or  in  Amount  than  £100, 
unless  the  same  kind  of  Produce,  Goods,  Wares,  Merchan- 
dises, and  Commodities,  shall  be  subject  to  a  higher  Rate  of 
Duty  on  Importation  at  Quebec,  and  then  in  cases  of  Im- 
portation the  said  Governor  and  Company,  and  their  Suc- 
cessors, shall  and  may  charge,  and  shall  be  paid  and  allowed 
at  and  after  the  same  Rate  as  shall  be  paid  or  payable  at 
Quebec,  such  Value  or  Amount  to  be  from  time  to  time 
fixed  and  ascertained  in  all  cases  of  Imports  by  and  upon 
the  actual  and  bond  fide  Invoice  Prices,  and  in  all  cases  of 
Exports  by  the  Xet  Proceeds  of  Sales  at  London. 

SCHEDULE  XO.  2. 

x^BSTKACT  of  Orders  and  Regulations  to  be  observed  by 
Settlers,  now  and  hereafiter  to  be  Settled  on  the  Lands  contain- 
ed in  the  said  Grant  by  the  said  Governor  and  Adventurers 
Trading  into  Hudson's  Bay. 

That  the  Settlers  shall  at  proper  Seasons  in  every  Year,  use 
their    endeavours    for   making    and    repairing   the    Public 
Roads  and  Highways,  and  shall  be  chargeable  therewith,  as 
followeth,  that  is  to  say,  each  Settler  shall  employ  himself, 
his    Servants,   Horses,    Cattle,    Carts,    and   Carriages    and 
other  things  necessary  for  the  purpose,  on  every  day,  and 
every  place,  to  be  appointed  by  the  Surveyor  or  Overseer, 
for  making  or  amendino-  the  Public  Roads  and  Highways, 
not  exceeding  at  and  after  the  rate  of  Six  days  in  every 
Year,  to  be  computed  from  Michaelmas  to  Michaelmas. 
That  the  Settlers  shall  use  their  endeavours  for  the  Benefit  and 
Support  of  the  Clergyman,  and  shall  be  chargeable  there- 
with as  followeth,  that  is  to  say,  each  Settler  shall  employ 
himself,  his  Servants,  Horses,  Cattle,  Carts,  Carriages,  and 
other  things  necessary  for  the  purpose,  on  every  day  and  at 
every  place  to  be  appointed  by  the  Clergyman  to  whom  or 
whose  Communion  he  shall  belong,  not  exceeding  at  and 
after  the  rate  of  Three  Days  in  the  Spring,  and  Three  Days 
in  the  Autumn  of  each  Year. 
That  the  Settlers  shall  in  the  like  manner  use  their  endeavours 
for  the  Defence  and  internal  Peace  of  their  Settlement, 
and  shall  be  chargeable  therewith  ac-cordin^  to  the  Laws  and 
Regiilations  noAv  in  force  in  Canada  and  Nova  Scotia,  or 
28159— 82J 


1300  CANADIAN    AECHIVES 

such  Laws  and  Regulations  as  shall  from  time  to  time  be 
made  by  com]3etent  Authority. 
Charles  Bouche  hereby  binds  himself  upon  oath  to  conform  to 
any  orders  or  regulations  connected  with  the  welfare,  pros- 
perity and  good  government  of  the  Red  River  Settlement 
that  may  from  time  to  time  be  issued  by  the  Governor  of 
Assiniboia  or  his  Council,  as  also  by  the  Governor  of  the 
Northern  Department  of  Rupert's  Land,  or  the  Chief 
Factor  or  Principal  officer  for  the  time  being  in  charge  of 
the  said  Honourable  Hudson's  Bay  Company's  affairs  at 
Fort  Garry — also  that  he  shall  on  all  occasions  hold  himself 
in  readiness  to  assist  and  act  when  required  in  the  preserva- 
tion of  the  peace  and  in  suppressing  any  attempt  that 
onay  be  made  by  ill  disposed  persons  to  the  contrary  and 
voluntarily  give  such  information  to  the  proper  authorities 
as  comes  within  his  knowledge  affecting  the  tranquillity  of 
the  Settlement. 

6".  '  One  Pepper  Corn  '  Deed  of  Land  and  Mortgage  1855. 

This  Indenture  made  the  Twenty  Eighth  day  of  February 
in  the  Year  of  our  Lord  One  Thousand  Eight  Hundred  and 
Fifty-five  between  the  Governor  and  Company  of  Adventurers 
of  England,  trading  into  Hudson's  Bay  of  the  one  Part  and 
Edward  Mowat  of  Red  River  Settlement,  Settler  of  the  other 
Part. 

Whereas  the  said  Edward  Mowat  is  desirous  of  becoming 
a  Settler  upon  the  Land  hereinafter  described  or  intended  so 
to  be,  being  certain  Part  of  a  Territory  in  I^orth  America, 
belonging  to  the  said  Governor  and  Company,  and  held  under 
the  Crown  bv  Charter.  Wow  therefore,  this  Indenture 
WITNESSETH,  that  in  consideration  of  the  sum  of  Forty  Seven 
Pounds,  Ten  Shillings,  Sterling,  heretofore  by  the  said  grantee 
paid  to  the  said  grantors  and  the  receipt  whereof  is  hereby  ac- 
knowledged, and  in  consideration  also  of  the  Covenants  here- 
inafter contained  on  the  part  of  the  said  Edward  Mowat  they, 
the  said  Governor  and  Company,  do  hereby  Grant,  Demise,  and 
Lease  unto  the  said  Edward  Mowat,  his  Executors,  Adminis- 
trators, and  Assigns,  all  that  Piece  or  Parcel  of  Land,  being 
Eight  chains  and  a  half  frontage  of  Lot  l^o.  494,  as  described 
at  large  in  the  Official  Survey  of  Red  River  Settlement,  and 
containing,  more  or  less,  One  Hundred  and  Forty-three  Eng- 
lish Acres,  with  the  necessary  appurtenances  thereto,  To  have 


*  PIONKEB    LEGISLATION  1301 

AND  TO  HOLD  the  Said  Piece  or  Parcel  of  Land  hereby  demised 
or  intended  so  to  be,  and  every  part  thereof  with  the  appurten- 
ances unto  the  said  Edward  Mowat,  his  Executors,  Administra- 
tors, and  Assigns,  from  the  Day  next  before  the  Day  of  the 
Date  of  these  Presents,  and  for  and  during  and  unto  the  full 
term  of  One  Thousand  Years,  thence  next  ensuing;  Yielding 
and  paying  therefore  Yearly  and  every  Year,  during  the  said 
Term,  and  upon  the  Michaelmas  Day  in  each  Year,  the  Rent 
or  Sum  of  One  Pepper-corn,  the  first  Payment  whereof  to  be 
made  upon  the  Twenty-ninth  Day  of  September  next  ensuing 
the  Date  hereof.  And  the  said  Edward  Mowat,  for  himself, 
his  Heirs,  Executors,  and  Administrators,  doth  hereby  coven- 
ant and  agTee  with  the  said  Governor  and  Company,  in  manner 
following,  that  is  to  say,  That  he  the  said  Edward  Mowat  shall 
or  will  settle  and  establish  himself  or  themselves  and  continue 
to  reside  upon  the  said  hereby  demised  Land,  and  shall  or  will 
within  Five  Years  from  the  Date  of  these  Presents,  bring,  or 
cause  or  procure  to  be  brought  into  a  State  of  Cultivation  a 
portion  of  the  said  hereby  demised  Land,  and  thenceforth  con- 
tinue the  same  in  such  state.  And  that,  during  the  said,  term, 
he  the  said  Edward  Mowat,  his  Executors,  Administrators,  and 
Assigns  shall  not,  directly  or  indirectly,  mediately  or  immed- 
iately, violate  or  evade  any  of  the  chartered  or  licensed  privi- 
leges of  the  said  Governor  and  Company,  or  any  restrictions 
on  trading  or  dealing  with  Indians  or  others,  which  have  been, 
or  may  be,  imposed  by  the  said  Governor  and  Company  or  by 
any  other  competent  authority,  or  in  any  way  enable  any  Per- 
son or  Persons  to  violate  or  evade,  or  to  preserve  in  violating 
or  evading,  the  same,  and  in  short  shall  obey  all  such  Laws 
and  Regulations,  as  within  the  said  Settlement  now  are,  or 
hereafter  may  be,  in  force,  for  preventing  the  Distillation  of 
Spirits,  for  preserving  Internal  Peace,  for  repelling  foreign 
aggression,  for  making  and  repairing  Roads  and  Bridges,  nnd 
for  encouraging  and  promoting  general  Education  and  Relig- 
ious Instruction.  And  that  he  the  said  Edward  Mowat,  his 
Executors,  Administrators,  or  Assigns,  shall  or  will  from  time 
to  time,  and  at  all  times  during  the  said  Term,  contribute  in 
a  due  proportion  to  tlie  Expenses  of  all  such  Public  Establish- 
ments as  by  the  said  Governor  and  Company,  or  by  the  Gover- 
nor and  Council  of  Assiniboia,  may  be  deemed  necessary. 
And  also  that  he  the  said  Edward  Mowat,  his  Executors,  Ad- 
ministrators, and  Assigns  shall  not,  nor  will,  without  the  license 


1302  CANADIAN  ARCHIVES 

or  consent  of  the  said  Governor  and  Company  for  that  purpose 
first  obtained,  carry  on  or  establish,  or  attempt  to  carry  on  or 
establish  in  any  Parts  of  ISTorth  America  subject  to  the  juris- 
diction of  the  said  Governer  and  Company,  any  Trade  or  Traffic 
;  in  or  relating  to  any  kind  of  Furs,  nor  in  any  manner  directly 
or  indirectly  aid  or  abet  any  Person  or  Persons  in  carrying  on 
such  Trade  or  Traffic;  nor  shall  nor  will  at  any  time  or  times 
during  the  said  Term,  Distil,  or  cause  or  procure  to  be  Distill- 
ed, Spirituous  Liquors  of  any  ISTature  or  Kind  soever,  either 
upon  the  Land  hereby  demised,  or  within  any  other  Part  of  the 
Territories  belonging  to  the  said  Governor  and  Company  in 
!Korth  America,  nor  during  the  said  Term,  knowingly  suffer 
or  permit  any  other  Person  or  Persons  whomsoever,  to  Distil 
any  such  Liquor  upon  the  said  demised  Land  or  any  Part 
tliereof.  And  also  that  he  the  said  Edward  Mowat,  his  Exe- 
cutors, Administrators,  or  Assigns,  shall  or  will,  within  Six 
Calendar  Months  from  the  date  thereof,  as  to  these  Presents, 
iind  within  Six  Calendar  Months,  from  the  date  of  each  re- 
spective Assignment  or  Lender-lease,  to  be  n>flde  under  or 
through  these  Presents;  and  with  respect  to  each  such  Assign- 
ment and  Under-lease  respectively,  cause  these  Presents  and 
•every  such  Assignment  or  tinder-lease,  when  made,  to  be  Kegis- 
tered  in  the  Register  of  the  said  Territories  in  ISTorth  America, 
or  of  the  District  in  which  the  said  hereby  demised  Land  shall 
be  situate,  and  wherever  such  Pegister  shall  be  kept  at  the 
time.  Provided  always,  nevertheless,  and  it  is  hereby  de- 
clared and  agreed,  that  if  the  said  Edward  Mowat,  his  Execu- 
tors, Administrators,  or  Assigns,  shall  not  in  all  things  well 
and  truly  observe  and  perform  all  and  every  the  Covenants  and 
Agreements  herein  contained,  on  his  and  their  behalf  to  be  ob- 
served and  performed,  Then,  and  in  either  of  such  cases,  and 
either  upon  or  after  the  first  breach,  or  any  subsequent  breach 
or  breaches  of  Covenant,  and  as  to  any  subsequent  breach  or 
breaches,  notwithstanding  there  may  have  been  any  Waiver  or 
Waivers,  or  supposed  Waiver  or  Waivers  thereof,  by  the  accep- 
tance of  Pent  or  otherwise,  it  shall  or  may  be  lawful  to  and 
for  the  said  Governor  and  Company,  and  their  Successors  or 
A&signs,  to  enter  into  and  upon  the  said  hereby  demised  Pre- 
mises, or  any  part  thereof,  in  the  name  of  the*  whole  thereof, 
and  to  have,  hold,  retain,  and  enjoy  the  same  as  in  their  former 
state,  and  also  to  put  an  end  to,  and  determine  the  said  term 
of  One  Thousand  Years,  or  so  much  thereof,  as  shall  be  then 


PIONEEK    LEGISLATION 


1303 


unexpired,  and  all  and  everj  Person  or  Persons  then  occiipy- 
ino-  the  same  Premises,  or  claimino-  Title  thereto,  to  put  out 
aiid  amove  any  thing  hereinhefore  contained  to  the  contrary 
notwithstanding.  Ix  Witness  whereof,  the  said  Parties  to 
tliese  Presents  ^have  hereunto  set  their  Hands  and  Seals,  the 
Day  and  Year  first  above  written,  at  Red  Paver  Setttlement 
aforesaid. 

Signed,  Sealed,  and  Delivered^ 
in  the  Presence  of 

EDWARD  MOW  AT. 

AV  Sagan, 

Clerk,  H.  B.  Service. 

JOHX  BALLEND:e:N^, 

C.  F.  and  Agent, 
I^orth  H.  Bay  Co. 

[Endorsed]     .  -n-  i   i 

This  writing  by  way  of  mortgage  made  this  Twenty  Eighth 
day  of  February,  in  the  Year  One  Thousand  Eight  Hundred 
.'md  Eiftv-five,  between  the  Governor  and  Company  of  Adven- 
turers 0/ England,  trading  into  Hudson's  Bay,  of  the  one  Part, 
find  Edward  Mowat  of  the  other  Part,  witnesseth.   That  where- 
as   there  remains  due  and  owing  by  the  said  Edward  Mowat 
to'  the  said  Company,  the  sum  of  Thirty-five  Pounds,  Fifteen 
Shillings  Stg.,  say,  £35,  15s.,  being  the  balance  of  the  con- 
sideration monev  therein  mentioned,  he  the  said  Edward  Alowat 
hereby  specially  mortgages  all  the  written  described  parcel  or 
lots  of  Land,  and  appurtenances  to  and  in  favour  of  the  said 
Companv  for  the  payment  and  satisfaction  of  the  said  sum  of 
£35,  153.,  so  remaining  due  as  aforesaid,  by  privileges  and  pre- 
ference to  all  other  claims  or  encumberances,  whatsoever,  and 
to  all  other  Persons  whomsoever. 
Signed,  Sealed,  and  Delivered, 
in  the  Presence  of 

JOHX  BALLENDEK. 

Y.  Extract  from  Minutes  of  Meeting  of  the  Governor  and 
Council  of  Rupert's  Land,  held  at  River  Settlement,  10  June, 
1845.<'> 

Resolved,  1.   That,  once  in  every  year,  any  British  subject, 

if  an  actual  resident,     and  not  a  fur  trafficker,  may  import, 

whether  from  London  or  from  St.Peter's,  stores  free  of  any 

duty  now  about  to  be  imposed,  on  declaring-  truly  that  he  has 

imported  them  at  his  own  risk. 

*  Report  of  Select  Committee  on  H.  B.  Co.,  1857,  p.  373. 


1304  CANADIAN  AKCHIVES 

2.  That,  once  in  every  year,  any  British  subject,  if  quali- 
fied as  before,  may  exempt  from  duty,  as  before,  imports  of  the 
local  value  of  ten  pounds,  on  declaring  truly  that  they  are  in- 
tended exclusively  to  be  used  by  himself  within  Red  River 
Settlement,  and  have  been  purchased  with  certain  specified  pro- 
ductions or  manufactures  of  the  aforesaid  settlement,  exported 
in  the  same  season  or  by  the  latest  vessel  at  his  own  risk. 

3.  That,  once  in  everv  year,  any  British  subject,  if  quali- 
fied as  before,  who  may  have  personally  accompanied  both  his 
exports  and  imports,  as  defined  in  the  preceeding  Resolution, 
may  exempt  from  duty,  as  before,  imports  of  the  local  value 
of  501.,  on  declaring  truly  thta  they  are  either  to  be  consumed 
by  himself,  or  to  be  sold  by  himself  to  actual  consumers  with- 
in the  aforesaid  settlement,  and  have  been  purchased  with  cer- 
tain specified  prodiuctions  or  manufactures  of  the  settlement, 
carried  away  by  himself  in  the  same  season  or  by  the  latest 
vessel  at  his  own  risk. 

4.  That  all  other  imports  from  the  United  Kingdom  for  the 
aforesaid  settlement,  shall,  before  delivery,  pay  at  York  Fac- 
tory a  duty  of  20  per  cent,  on  their  prime  cost,  provided,  how- 
ever, that  the  Governor  of  the  settlement  be  hereby  authorized 
to  exempt  from  the  same  all  such  importers  as  may,  from  year 
to  year,  be  reasonably  believed  by  him  to  have  neither  traffick- 
ed in  furs  themselves  since  the  8th  day  of  December,  1844, 
nor  enabled  others  to  do  so  by  illegally  or  improperly  supply- 
ing them  with  trading  articles  of  any  description. 

5.  That  all  other  imports  from  any  part  of  the  United 
States  shall  pay  all  duties  payable  under  the  provisions  of  5 
<'ind  6  Vict.  c.  49,  the  imperial  statute  for  regulating  the  foreign 
trade  of  the  British  possessions  in  ISTorth  America ;  provided, 
however,  that  the  Governor-in-Chief,  or,  in  his  absence,  the 
President  of  the  Council,  may  so  modify  the  machinery  of  the 
said  Act  of  Parliament  as  to  adapt  the  same  to  the  circumstances 

7.  That  henceforward  no  goods  shall  be  delivered  ^at  York 
Factory  to  any  but  persons  duly  licensed  to  freight  the  same, 
such  licenses  being  given  only  in  those  cases  in  which  no  fur 
tralTieker  may  hnve  any  interest  direct  or  indirect. 

8.  That  any  inr  jxicating  drink,  if  found  in  a  fnr  trafficker's 
possession,  beyond  the  limits  of  the  aforesaid  settlement,  may 
be  seized  and  destro;  td  by  any  person  on  the  spot. 

Whereas  the  inUrvention  of  middlemen  is  alike  injuriou-i 
to  the  Honourable  Company  and  to  the  people;  it  is  Resolved, 


PIONEEE    LEGISLATION  1305 

9.  TliDt  hon"(  ioi-th  furs  shall  be  purchased  frora  none  bu: 
the   actual  hunters   of  the   same. 
Fort  Garry,  10  July,  1845. 

8.  Petition  of  Inhabitants  and  Natives  of  the  Settlement  situ- 
ated on  the  Red  River,  in  the  Assiniboin  Country ^ 
British  North  Anierica}^^ 

To  the  Honourable  the  Legislative  Assembly  of  the  Province 
of  Canada,  in  Parliament  assembled. 

The  Petition  of  the  undersigned  Inhabitants  and  l^atives  of  the 

Settlement  situated  on  the  Red  Eiver,  in  the  Assiniboine 

Country,  British  North  America, 

Humbly  showeth, 

That  many  years  ago  a  body  of  British  emigrants  were  in- 
duced to  settle  in  this  country  under  very  flattering  promises 
made  to  them  by  the  late  Earl  of  Selkirk,  and  under  certain 
contracts. 

All  those  promises  and  contracts  which  had  led  them  to 
hope  that,  protected  by  British  laws,  they  would  enjoy  the  fruits 
of  their  labour,  have  been  evaded. 

On  the  coalition  of  the  rival  companies,  many  of  us,  Euro- 
peans and  Canadians,  settled  with  our  families  around  this  nuc- 
Itus  of  civilization  in  the  wilderness,  in  full  expectation  that 
none  would  interrupt  our  enjoyment  of  those  privileges  which 
we  believe  to  be  ours  by  birthright,  and  which  are  secured  to  all 
Her  Majesty's  subjects  in  any  other  British  colonv. 

We  have  paid  large  sums  of  money  to  the  Hudson's  Bay 
Company  for  land,  yet  we  cannot  obtain  deeds  for  the  same. 
The  Company's  agents  have  made  several  attempts  to  force  up- 
on us  deeds  which  would  reduce  ourselves  and  our  prostority 
to  the  most  abject  slavery  under  that  body.  As  evidence  of  this 
we  append  a  copy  of  such  deeds  as  have  been  offered  to  us  for 
signature. 

Under  what  we  believe  to  be  a  fictitious  chnrter,  but  which 
the  Company's  agents  have  maintained  to  be  the  fundamental 
law  of  'Rupert's  Land,'  we  have  been  prevented  the  receiving 
in  exchange  the  peltries  of  our  country  for  any  of  the  products 
of  our  labour,  nnd  have  been  forbidden  givino:  peltries;  m  ex- 
change for  any  of  the  imported  necessaries  of  life,  under  the 

1  Report  of  Select  Committee  on  H.   B.   Co,  1S57    p.   437-439. 


1306  CANADIAN  ARCHIVES 

penalty  of  being  imprisoned,  and  of  having  our  property  con- 
fiscated ;  we  have  been  forbidden  to  take  peltries  in  exchange 
even  for  food  supplied  to  famishing  Indians. 

The  Hudson's  Bay  Company's  clerks,  with  an  armed  police, 
have  entered  into  settlers'  houses  in  que&t  of  furs,  and  confis- 
cated all  they  found.  One  poor  settler,  after  having  his  goods 
seized,  had  his  house  burnt  to  the  ground,  and  afterwards  was 
conveyed  prisoner  to  York  Factory. 

The  Company's  first  legal  adviser  in  this  colony  has  declared 
our  navigating  the  lakes  and  rivers  between  this  colony  and 
Hudson's  Bay  with  any  articles  of  our  produce  to  be  illegal. 
The  same  authority  has  declared  our  selling  of  English  goods  in 
this  colony  to  be  illegal. 

On  our  annual  commerical  journeys  into  Minnesota,  we 
have  been  pursued  like  felons  by  armed  constables,  who  search- 
ed our  property,  even  by  breaking  open  our  trunks ;  all  furs 
found  were  confiscated. 

This  interference  with  those  of  aboriginal  descent  had  been 
carried  to  such  extent  as  to  endanger  the  peace  of  the  settle- 
ment. 

Thus  vre,  the  iubabitants  of  this  land,  have  been  and  are 
constrained  to  behold  the  valuable  commercial  ])roduetious  of 
our  country  exported  for  tbe  exclusive  profit  of  a  company  of 
traders  who  are  strangers  to  ourselves  and  to  our  country. 

We  are  by  necessity  compelled  to  use  many  articles  of  tbeir 
importation,  for  which  we  pay  from  one  h\uidred  to  four  hun- 
dred per  cent,  on  prime  cost,  while  we  are  prohibited  exporting 
those  productions  of  our  own  country  and  industry,  which  we 
could  exchange  for  the  necessaries  of  life. 

This  country  is  governed  aud  legislated  for  by  two  distinct 
Legislative  Councils,  in  consitituting  of  which,  we  have  no  voice, 
the  members  of  the  highest  holding  their  office  of  councillors 
by.  virtue  of  rank  in  the  Company's  service.  This  body 
jjasses  laws  affecting  our  interest;  as,  for  instance,  in  1845  it 
decreed  that  20  per  cent,  duty  would  be  levied  on  the  imports 
of  all  who  were  sus])ected  of  tradino;  in  furs;  this  duty  to  b<^ 
paid  at  York  Factory.  Again,  in  1854,  the  same  body  passed 
a  rc-olntion  imposing  12-|  per  cent,  on  all  the  goods  landed  for 
the  colony  at  York  Factory. 

The  local  legislature  consists  of  the  Governor,  wlio  is  also 
judge,  and  who  holds  his  appointmeuts  from  the  Company: 
they  are  appointed  by  the  same  body,  and  are,  with  one  or  two 


PIONEEK    LEGISLATION  1307 

exceptions,  to  a  greater  or  less  extent  dependent  on  that  body. 
This  Council  imposes  taxes,  creates  offences,  and  punishes  the 
same  by  fines  and  imprisonments,  (i.e.)  the  Governor  and 
Council  make  the  laws,  judge  the  laws,  and  execute  their  own 
sentence.  We  have  no  voice  in  their  selection,  neither  have 
we  any  constitutional  means  of  controlling  their  action. 

Our  lands  are  fertile,  and  easily  cultivated,  but  the  exclu- 
sive system  of  the  Hudson's  Bay  Company  effectually  prohibits 
tlie  tiller  of  the  soil,  as  v/ell  as  the  adventurer  in  any  other  in- 
dustrial pursuit,  from  devoting  his  energies  to  those  labours 
which,  while  producing  to  the  individual  prosperity  and  wealth, 
contribute  to  the  general  advantage  of  the  settlement  at  large. 

Under  this  system  our  energies  are  paralysed,  and  discon- 
tent is  increasing  to  such  a  degree,  that  events  fatal  to  British 
interest,  and  particularly  to  the  interest  of  Canada,  and  even 
to  civilization  and  humanity,  may  soon  take  place. 

Our  country  is  bordering  on  Minnesota  territory:  a  trade 
for  some  years  has  been  carried  on  between  us.  We  are  there 
met  by  very  high  duties  on  all  articles  which  we  import  into 
that  territory,  the  benefits  of  the  Reciprocity  Treaty  not  being 
extendied  to  us.  I^otv/ithstanding  this,  the  trade  has  gone  on 
increasing,  and  will  continue  to  do  so ;  we  have  already  great 
cause  to  envy  those  laws  and  those  commercial  advantages  which 
we  see  enjoyed  by  our  neighbours,  and  which,  wherever  they 
exist,  are  productive  of  prosperity  and  vrealth. 

As  British  subjects,  we  desire  that  the  same  liberty  and 
freedom  of  commerce,  as  well  as  security  of  pro]>erty,  may  be 
granted  to  us  as  is  enjoyed  in  all  other  possessions  of  the  Bri- 
tish Crown,  which  liberity  is  become  essentially  necessary  to 
our  prosperity,  and  to  the  tranquillity  of  this  colony. 

We  believe  that  the  colony  in  wdiich  Ave  live  is  a  portion  of 
that  territory  which  became  attached  to  the  Crown  of  England 
by  the  Treaty  of  1703,  and  that  the  dominion  heretofore  ex- 
ercised by  the  Hudson's  Bay  Company  is  an  usurpation  anta- 
gonistic to  civilization  and  to  the  best  interests  of  the  Canadian 
people,  whose  laws  being  extended  to  us,  will  guarantee  the  en- 
joyment of  those  rights  and  liberties  which  would  leave  us 
nothing  to  envy  in  the  institutions  of  the  neighbouring  terri- 
tery. 

When  we  contemplate  the  mighty  tide  of  immigration 
which  has  flowed  towards  the  north  these  six  years  past,  and  has 
already  filled  the  valley  of  the  Upper  Mississippi  with  settlers. 


1308  CANADIAN    AECHIVES 

and  which  will  this  year  flow  over  the  height  of  land  and  fill 
np  the  valley  of  the  Eed  River,  is  there  no  danger  of  being 
carried  away  by  that  flood,  and  that  we  may  thereby  lose  our 
nationality?  We  love  the  British  name!  We  are  proud  of 
that  glorious  fabric,  the  British  Constitution,  raised  by  the 
wisdom,  cemented  and  hallowed  by  the  blood  of  our  forefathers. 

We  have  represented  our  grievances  to  the  Imperial  Gov- 
ernment, but  through  the  chicanery  of  the  Company  and  its 
false  representations  we  have  not  been  heard,  and  much  less 
have  our  grievances  been  redressed.  It  would  seem,  therefore, 
that  we  have  no  other  choice  than  the  Canadian  plough  and 
printing  press,  or  the  American  rifle  and  Fugitive  Slave  law. 

We,  therefore,  as  dutiful  and  loyal  subjects  of  the  British 
Cro^vn  humbly  pray  that  Your  Honourable  House  will  take  in- 
to your  immediate  consideration  the  subject  of  this  our  petition, 
and  that  such  measures  may  be  devised  and  adopted  as  will  ex- 
tend to  us  the  protection  of  the  Canadian  Government,  laws 
and  institutions,  and  make  us  equal  participators  in  those  rights 
p.nd  liberties  enjoyed  by  British  subjects  in  whatever  part  of  the 
world  they  reside. 

Wherefore,  your  petitioners  will  ever  pray. 

RODERICK  KENNEDY, 

and  574  others. 

9.  Letter  from  W.  G.  Smith,  Esq.,  to  Major  Caldwell,  Gover- 
nor of  Assiniboia}^^ 

Hudson's  Bay  House,  London,  5  April,  1854. 
Sir, 

I  am  directed  by  the  Governor  and  committee  to  acknow- 
ledge the  receipt  of  your  several  letters,  dated  2d  and  18th 
November,  and  12th  December,  with  their  respective  enclo- 
sures. 

The  Governor  and  committee  approve  of  the  appointment 
of  a  Board  of  Works  for  the  purpose  of  attending  to  the  roads 
and  bridges  in  the  settlement,  and  are  glad  to  find  that  the  coun- 
cillors are  on  the  whole  working  harmoniously,  and,  they  trust, 
beneficially,  to  the  interests  of  the  inhabitants. 

They  note  your  wish  for  the  appointment  of  a  good  sur- 
veyor, and  have  desired  Sir  George  Simpson  to  look  out  for  a 

'  Report  of  Select  Committee  on  H.  B.  Co.,  1857,  p.  437. 


PIONEER    LEGISLATION  1309 

suitable  ^^ei'son  ia  Canada;  but  it  is  doubtful  -wbether  he  will 
succeed  in  obtaining  one  this  season. 

The  Governor  and  committee  trust  that  the  course  you  pur- 
sued with  the  five  deserters  from  the  service  of  the  fur  trade 
will  have  a  good  effect  in  preventing  such  conduct  in  future. 

The  Minutes"  of  Council  held  on  18th  of  October  and  8th 
December  are  approved  of. 

With  respect  to  your  inquiry  as  to  the  competency  of  the 
Court  of  Assiniboin  to  adjudicate  in  civil  cases  exceeding  the 
amount  of  200/.,  I  am  to  inform  you  that  that  court  being 
held  under  the  authority  of  the  charter  within  the  limits  of 
Rupert's  Land,  its  powers  are  not  restricted  as  to  the  amount 
upon  which  adjudication  may  be  made,  the  rights  held  under 
the  charter  being  reserved  by  the  last  clause  of  the  Act  Geo.  4, 
c.  66. 

I  am  also  directed  to  inform  you,  with  reference  to  the 
petition  of  the  Presbyterian  congregation  of  Red  River,  that 
neither  the  Governor  and  Council  of  Assiniboin,  nor  the  Gover- 
nor and  committee  of  the  Hudson's  Bay  Company,  have  the 
power  of  incorporating  any  body  of  men  for  any  purpose  what- 
ever. The  property  held  by  the  Presbyterian  congregation 
must  therefore  be  vested  in  trustees,  as  it  is  at  present;  and  you 
will  be  pleased  to  communicate  this  to  the  parties  interested. 

Mr.  F.  G.  Johnson,  Q.C.,  of  the  Montreal  Bar,  who  has 
been  appointed  recorder  of  Rupert's  Lnnd,  assessor  and  legal 
adviser  to  the  Governor  of  Assiniboin,  and  to  the  Company,  wall 
])roceed  by  the  spring  canoes  to  Red  River,  and  will  assume 
the  law  library  now  in  the  possession  of  Mr,  Thorn. 

From  the  accounts  they  have  had  of  Mr.  Johnson's  ability 
and  disposition,  the  Governor  and  committee  have  every  expec- 
tation that  he  w'ill  act  cordially  with  you  for  the  general  benefit 
01  the  settlement  under  your  charge. 

The  account  you  o-ive  of  the  abundant  supply  of  agricul- 
tural and  plain  provisions  is  verv  satisfactory;  and,  trusting 
that  nothing  may  occur  to  disturb  the  peace  and  prospects  of 
the  settlement. 

I  have,  (Src, 

(signed)         W.  G.  SMITH, 

Assistant  Secretary. 


1310  CANADIAN  ARCHIVES 

10.  Memorial  of  Bishop  Anderson  to  tlie  Hudson's  Bay  Com- 
pany, 1856}'^ 

To  the  Governor  and  Committee  of  the  Honourable  Hudson's 

Bay  Company. 

Gentlemen, 

On  mj  first  appearance  at  jour  Board  after  my  return, 
jou  were  kind  enough  to  ask  me  to  prepare  a  memorial,  contain- 
ing any  suggestions  regarding  the  condition,  of  that  country 
in  which  we  have  a  common  interest.  The  subject  has  been 
very  often  on  my  mind  since,  and  constant  occupation  has 
alone  prevented  me  from  complying  sooner  with  your  request 

It  is  indeed  difficult  to  advance  any  general  propositions 
regarding  the  territory,  from  the  entire  difference  of  condition 
of  the  Red  River  Settlement  and  that  of  the  country  at  large. 
And  yet,  if  Rupert's  Land  is  to  rise,  it  must  be  from  encour- 
agement given  to  the  Settlement.  Now,  the  one  barrier  which 
most  retards  its  progress  would  be  the  want  of  direct  approach, 
except  on  the  side  of  the  United  States. 

Would  it  not  be  possible  to  improve  in  any  Avay  the  naviga- 
tion from  York  Fort  to  Lake  Winnipeg,  or  to  oj)en  a  more  direct 
communication  from  Lake  Superior  to  the  Red  River  ?  The 
condition  of  some  of  the  Rapids  is  certainly  veiy  dangerous  on 
the  way  from  I^orway  House.  An  outlay  comparatively  small 
might  remedy  some  of  these,  so  as  to  facilitate  the  importa- 
tion of  English  goods.  A  survey  too  of  the  land  intervening 
between  Fond  du  Lac  and  the  Settlement  might  open  up  the 
other  route,  with  perhaps  even  a  smaller  risk. 

My  own  feeling  is  strong  that  the  country  will  now  admit 
of  immigration,  if  conducted  on  a  wise  and  cautious  scale. 
Artisans  and  tradesmen  are  certainly  required  at  the  present 
time  at  the  Red  River.  If  a  small  number  of  carpenters, 
masons,  and  blacksmiths  could  gradually  be  sent  oijt  by  the 
Honourable  Company  furnished  with  a  free  passage,  it  would 
raise  the  character  of  the  population  and  lead  to  the  foundation 
of  special  trades.  If  not  conveyed  out  from  Britain,  they  will 
soon  find  their  way  across  from  the  United  States. 

Perhaps  some  young  men  could  be  found  to  go  out  in  such 
capacities  from  industrial  schools,  and  the  Home  Government 

'  Report  of  Select  Committee  on  H.  B.  Co.,  1857,  237-239. 


PIONEER    LEGISLATION  1311 

Liiglit  be  indiiced  to  contribute  toAvards  sending  them  out  in 
the  first  instance,  if  grants  of  land  were  held  out  to  them  in 
prospect,  after  a  certain  period  of  residence  in  the  territory. 

Another  settlement  might  surely  be  attempted,  in  addition 
to  tlie  solitary  one  at  Red  River.  As  occupying  an  intermed- 
iate position  between  it  and  Canada,  the  spot  indicated  by  Sir 
G.  Simpson,  between  Lac  la  Pluie  and  the  Lake  of  the  Woods, 
might  be  selected.  If  the  Company  were  willing  to  extend  some- 
assistance  annually  towards  such  an  object,  I  should  be  glad  to 
promise  a  clergyman  and  a  schoolmaster.  Such  a  measure 
would  manifest  an  earnest:  desire  for  the  welfare  of  the  Indian, 
and  that  large  population  over  which  the  Company  bears  rule. 

I  have  to  express  my  obligation  for  much  valuable  aid  which 
has  been  rendered  to  me  by  your  Board  and  the  Council  of 
Rupert's  Land  in  the  erection  of  churches  and  other  ecclesias- 
tical matters.  More  especially,  I  have  to  thank  the  Company 
for  undertaking  to  build  at  their  own  cost  the  churches  at 
JMoose  and  at  York,  now  in  progress.  On  this  head  I  have  but 
one  petition  to  present,  which  concerns  my  own  cathedral,  to 
be  commenced  immediately  on  my  return.  Might  I  ask  from 
the  Honourable  Company  a  grant  of  500/.  towards  that  object, 
io  be  paid  in  two  annual  instalments  ?  The  Society  for  Pro- 
moting Christian  Knowledge  have  granted  me  such  a  sum,  and 
T  trust  that  the  Company  will  not  be  unwilling  to  contribute 
the  like  amount  to  that  church,  which  will  be  the  mother  church 
of  all  the  churches  of  the  land.  Of  the  need  of  such  a  building, 
instead  of  the  present  church  of  St.  John's,  Sir  G.  Simpson 
is  well  aware,  as  he  is  also  of  the  difficulties  which  will  attend 
the  undertaking.  When  standing  on  the  spot  this  summer,  Sir 
George  himself  recommended  me  to  take  out  an  architect  or  a 
contractor  of  a  better  description  from  England  with  me. 

I  have  to  request  a  passage  to  Moose  Fort  by  the  '  Prince 
Arthur  '  for  Mr.  Fleming,  of  the  Church  Missionary  Society. 
He  goes  out  to  assist  the  Rev.  John  Horden,  as  the  Rev.  F. 
C.  Watkins  will  now  be  removed  towards  the  Saskatchewan, 

I  can  scarcely  expect  the  Company  to  r.dd  to  our  clerical 
staff  and  yet  I  should  feel  it  a  great  relief  if  they  could  increase 
the  salary  of  their  own  chaplain,  the  Rev.  J.  Chapman,  after 
seven  years'  service,  to  2007^  per  annum,  as  the  501.  in  addition 
to  their  1501.  falls  entirely  on  myself. 

In  education  I  gratefully  acknowledge  the  100?.  still  con- 
ti7ined  to  the  Red  River  Academy,   and  now  devoted  to  the 


1312  CANADIAN  ARCHIVES 

Academy  for  young  ladies  at  St.  Cross.  The  matter  which 
weighs  at  times  heavily  on  my  mind  in  this  department  would 
be  the  thought  of  so  many  at  some  forts  without  any  education 
afforded  them,  as,  for  instance,  at  Fort  Carlton.  If  a  school- 
master could  be  appointed  at  such  leading  spots  as  Carlton, 
Albany,  Lac  Seul,  the  Company  bearing  half  the  expense  and 
the  church  the  remaining  half,  it  would  be  a  mighty  lever  for 
elevating  and  improving  the  land.  It  would  be  a  source  of  great 
pleasure  to  me  if  the  Company  would  sanction  such  a  proposal, 
even  for  four  or  five  of  the  principal  forts. 

Such  matters  are  more  under  my  own  cognizance  than  the 
details  of  the  social  and  political  economy.  I  cannot,  however, 
refrain  from  saying,  that  I  deem  the  present  tariff  on  goods  at 
York,  at  the  Red  River,  and  up  the  country,  higher  than  can  be 
justified  on  the  usual  principles  of  commerce.  I  only  mention 
this  as  a  subject  for  the  consideration  of  the  Board,  as  a  point 
which  I  feel  it  difficult  to  account  for  when  called  upon  to  do 
so  in  public. 

The  Indian  Tariff"  might,  I  have  always  thought,  be  some- 
what more  equalized  over  the  country.  An  identity  of  price  for 
furs  is  not,  of  course,  to  be  expected  but  a  greater  equality  of 
price  might,  I  am  sure,  prevail  with  great  advantage  when 
two  forts  are  so  near  as  Fort  Alexander  and  the  Red  River, 
or  even  Cumberland  and  ISTorway  House.  In  saying  this,  I 
must,  however,  profess  an  entire  ignorance  of  such  concerns, 
having  always  purposely  abstained  from  entering  into  them. 
Of  the  general  fact  I  am  of  necessity  conscious,  and  merely  on 
that  account  would  plead,  as  I  am  in  duty  bound,  on  behalf  of 
the  poor  Indian,  who  has  often  represented  to  me  his  condition, 
and  begged  me  to  undertake  his  cause. 

On  the  general  question  of  the  trade  of  the  country,  I  sub- 
join an  extract  from  a  letter  received  since  my  return  to  Eng- 
land from  one  formerly  in  my  own  diocese,  but  now  in  that  of 
Toronto,  who  is  a  shrewd  and  acute  observer  of  passing  events, 
and  whose  name  will  at  once  suggest  itself  to  many  of  the  com- 
mittee, and  which  tends  to  corroborate  many  of  the  views  given 
in  the  above  memorial. 

Referring  to  the  agitation  in  Canada  on  the  subject  of  the 
charter,  the  writer  observes — 

'  After  four  years'  residence  in  Canada,  my  own  opinions 
are  unchanged  as  to  the  evils  that  would  follow  free  trade  in 
furs.  It  would  doubtless  enable  unscrupulous  adventurers  to 
make  money  in  the  southern  part  of  the  territory.    Rum  would 


PIONEER    LEGISLATION  1313 

be  largely  used,  and  the  Indians  greatly  demoralized,  and  dif- 
ficulties consequently  thrown  in  the  way  of  missionary  oper- 
ations. I  never  hesitate  to  express  my  opinion  to  that  effect 
whenever  I  am  asked  what  I  think  of  the  movement. 

'  The  Company  will  moreover  have  to  relax  their  system. 
It  is  useless  to  attempt  keeping  things  as  they  were  100  years 
ago.  All  the  southern  part  of  the  territory  susceptible  of  im- 
provement will  have  to  be  given  for  agricultural  purposes. 
A  large  portion  of  Rainy  Lake  district,  and  of  Swan  River  and 
the  Saskatchewan  districts,  together  with  the  Red  River,  will 
ultimately  fill  up  with  settlers.  As  Minnesota  fills  up,  settle- 
ments are  sure  to  extend  north  of  the  boundary  line.' 

My  opinion,  expressed  to  all,  after  the  experience  of  seven 
years,  would  be  that  to  throw  open  the  trade  to  free  competi- 
tion would  tend  to  the  speedy  ruin  of  the  Indian.  My  own 
desire  and  endeavour  would  be  to  raise  and  rescue  them  as  a 
people,  and  to  prepare  them  to  be  able  to  stem  the  current  wdien 
civilization,  as  it  gradually  must,  spreads  westward  from  Can- 
ada over  this  mighty  territory. 

As  regards  the  sale  of  spirituous  liquors  to  the  Indians,  I 
rejoice  to  find  that  measures  are  about  to  be  taken  for  their 
entire  or  partial  disuse  in  the  course  of  this  year.  That  they 
can  be  brought  to  an  end  at  once  is  scarcely  possible,  from  the 
growing  facilities  of  importation  from  the  United  States,  but 
the  example  on  the  part  of  the  Honourable  Company  (if  the 
plan  mentioned  to  me  by  Governor  Johnson  shall  be  carried 
out)  would  be  productive  of  the  best  consequences.  The  chief 
difficulty  to  my  own  mind  has  always  been  the  entire  disuse  of 
spirits  along  vast  tracts  of  the  country,  as  in  the  Moose  and 
Albany  districts,  and  their  use  in  other  quarters.  That  the  cus- 
tom of  distributing  spirits  to  the  Indians,  when  coming  in  large 
bodies  to  the  forts,  is  often  attended  with  fatal  consequences 
I  am  aware  from  actual  knowledge  and  very  earnestly  would 
I  entreat  that  some  substitute  be  made — a  gift  of  tea,  or  any 
other  thing  prized  by  the  Indian — instead  of  that  which  ruins 
so  often  both  body  and  soul.  In  making  this  appeal,  I  speak 
in  the  name  of  all  my  o^vn  clergy,  and  also  in  the  name  of  the 
Rev.  J.  Black,  of  the  Presbyterian  communion,  who,  in  a  spec- 
ial letter  sent  after  me,  besought  me  to  use  any  influence  in  my 
power  to  remedy  this  crying  evil.  My  belief  is,  that  if  the  Com- 
I'any  gives  up  the  practice,  the  free  traders  will  be  led  immedi- 
ately to  discontinue  it.  At  least,  I  tJiink  I  may  answer  for 
the  Protestant  population. 

28159--83 


1314  CANADIAN  ARCHIVES 

Such  are  a  few  of  the  leading  points  to  which  my  attention 
has  been  chiefly  called,  given  in  a  more  desultory  shape  than  I 
could  have  wished,  from  the  constant  pressure  of  engagements. 
Others  may  occur  to  me  during  my  stay,  which  I  should  at  once 
state  to  the  Board,  with  the  same  frankness  and  openness  as  on 
the  present  occasion.  If  any  matters  admit  of  easier  explan- 
ation by  word  of  mouth,  I  would  again  wait  upon  the  Company 
at  one  of  their  subsequent  meetings. 

The  committee  will,  I  am  sure,  give  me  credit  for  a  sincere 
and  earnest  desire  for  the  best  interests  of  the  country.  That 
desire  we  feel,  I  trust,  in  common,  and  our  anxiety  would  be  to 
promote  any  measures  which  might  be  proved  to  have  a  bene- 
ficial tendency.  In  looking  back  upon  seven  years,  the  progress 
has  in  many  things  surpassed  my  expectations,  but  when  I  look 
towards  Canada  and  the  United  States,  I  am  disappointed  that 
there  is  not  more  of  perceptible  growth.  I  know,  however, 
the  peculiarities  of  the  land,  and  I  should  not  like  to  witness 
any  rapid  changes.  My  prayer  and  earnest  wish  would  be, 
that  the  Company  might  be  led  to  devise  some  changes  whicl' 
might  at  once  be  sound  and  salutary,  and  in  accordance  with  the 
spirit  of  the  present  age;  such  as  may  tend  to  the  good  of  all 
committed  to  their  care,  whether  Europeans  or  Indians ;  their 
temporal  advantages  in  the  present  world,  and  their  higher  in- 
terest as  immortal  beings,  to  be  trained  for  another  and  an 
unending  state. 

Commending  these  remarks  to  your  candid  and  favourable 
consideration, 

I  have,  &c., 


PIOXEEK    LEGISLATION 


131S 


11.  statement  of  Articles  imported  hy  the  Hudson's  Bay  Co.  to 
Red  River  Settlement,  Ot.,  1858,  on  which  U  p  cent,  duty 
is  payable  to  the  Govr.  &  Coun.  of  Assinihoia,  vt. 


(1) 


S    cts. 


Part  of  invoice  of  Prince  of 
57  ... 

Wales  p  T>    remaining  m 

depot  at  Y.F.  June  1, 1857 

Invoice  of  Prince  of  Wales 

58 

R.R 

Less  remaining  at  Y.r 

Exempt    from    Import 

Duty. 

Amount  of  goods  from  Y.F. 

stores   p.    R.K.    District 

outfit  1858.  Less  charges. 

Less  k  being  Y.F.  advan 

Amount  of  good?  from  La- 
chine 

Less  charges  and  La- 
chine  advance  10% . . 

Amount  of  goods  rec'd  via 
St.  Paul's  from  England. 

St.  Paul 

New  York 


Amount  of  goods  impoite.d 
from  England  by  H.  B 
Cu's  officers  and  servants- 

Wm.  Mactavish 

Alexr.  R.  Lillie 

J.  Fortescue   

M.  Linklattr 

James  Stewart   


.$1,026  00 

^,188  72 


Amount  of  goods  imix)rted 
from  Y.F.  by  H.B.  Go's 
officers  and  servants — 

Bndgeman,  Orlando  . . 

Fortescue,  Joseph  .... 

Lane,  William ... 

Lillie,  Ale  xander 

McKenzie,  James  B. . . 

Baillie,  William 

Carriere,  Louis 

Uavis,  George  .... 

Deboos,  George 

Gibeault,   Belonie.  . . . 

Jansen,  -Martin 

McKay,  James  B. .   . . 

McLean,  Donald 

Stewart,   James  B.... 


X.es8  J  for  Y.F.  advance. 


$    cts. 


1,393  61 

$    138  51 


3,214  72 


23,961  13 
19,299    3 


£ 
3 

1 
6 
6 
6 

21 
8 

12 
4 

11 
3 

7 
2 


18 

11 

4 

7 

14 

14 

12 

17 

16 

7 

7 

6 

2 

17 


1 
11 
11 


Original  Dficument  in  possession  of  editor. 
28159— 83  J 


128  13 
32    3 


1,2.55  10 


2,576  19    4 
656    6  10 


33    6 

8  10 

6    6 

23  12 

12  12 


102  10    8 
34    6    7 


14,.5.50    9    U 


4,662    9  102 


96  10    1 


256 


3,233     6     2 


84    6    a 


68  13    1 


22,951  19    7^ 


1316 


CANADIAN    ARCHIVES 


11.  8tate7nent  of  Articles  imported  by  the  Hudson's  Buy  Co.  to 
Red  River  Settlement  Ot.  1858  on  ivhich  4-  p.  Cent  duty  is 
payable  to  the  Govr.  &  Coim.  of  Assiniboia,  vt.''^^ — Con. 


$     cts. 

$    cts. 

£       8.      d. 

£     s.     d. 

Less  the  following — 

Supplied  Porta.p^e  Boats 
at  Norway  Hou«e  out 
of  R.R.  Import,  1857— 

26  prs.  sheeting  trousers, 
2/lli     

14  prs.  beaverteen  trou- 
sers 5/4 

10  grey  capots  4  Ells  2/10 

• 

3  16  11 

3  14    8 

6    8    4 

13  19  11 

£22,938  19    8| 

Amount  of  Imj)ort  Duty  chargeable  on  this  statement,  say  4  p.  cent  on  £22,937 
i9s.  9d.  stg.  is  £917  10s.  stg. 

All  articles  exempt  from  duty  are  remaining  at  Y.F.  and  will  be  deducted  from 
next  year's  scheme. 

E.  E. 

Fort  Garry  Red  River  settlement,  12th  February,  1959. 

J.  FORTESCUE, 

Accountant . 


12.  Bills  of  Exchange  Governor  Mactavish  and  Chief  Factor 

Clare  to  Hudson's  Bay  Company,  186^.^^^ 

£124 — 8 — 4Stg.     Red  River  Settlement,     3rd  June,  1864. 

'No.    721.  Sixty   days  after   sight   plense    pay   this   my 

second  Bill  of -Exchange  (First  same  tenor  and  date  not  ue- 
ing  paid)  to  the  Order  of  Me=;srs.  A.  Pellv  &  Co.,  the  snm  of 
One  Hundred  and  twenty-four  Pounds,  Eight  Shillings  and 
four  pence,  Sterling,  for  value  received,  with  or  without  fur- 
ther advice  and  charge  the  same  to  account  of 

Red  River  District,  Outfit,  1864, 

W.  MACTAVISH. 
To 

The  Governor,  Deputy  Governor, 
and  Committee 
of 
The  Honble.  Hudson's  Bay  Co., 
London. 

'  From  originals  in  possession  of  the  Editor 


PIONEEE    LEGISLATION 


1317 


£120 5 2Stg.     Ked  River  Settlement,     1st  Dec,   1864. 

No.    848.  Sixty  days   after  sight  please   pay  this  my 

SECOND  Bill  of  Exchange  (First  same  tenor  and  date  not  being 
paid)  to  the  Order  of  Messrs.  Albert  Pelly  &  Co.,  the  sum  of 
One  Hundred  and  Twenty  Pounds,  Five  Shillings  and  Two 
Pence,  Sterling,  (£120-5-2)  for  value  received,  with  or  without 
further  advice  and  charge  the  same  to  account  of 

Red  River  District,  Outfit,  1864, 

JAMES  R.  CLARE, 

Chief  Factor. 

To 

The  Governor,  Deputy  Governor, 
and  Committee 
of 
The  Honble.  Hudson's  Bay  Co., 
London. 


13.   General  Enadments    of    the    Governor  ^  and    Council    of 
Assinihoia  Entered  both  in  French  and  in  English. 

>^.B. The  staple  of  the  following  pages  is  the  revised  code 

of  July,  1852,  which  supersedes  all  local  laws  down  to 
30th  April,  1851.  For  subsequent  enactments  of  a 
general  character,  a  space  has  been  left  at  the  foot  of 
each  page.  In  this  way  may  be  provided,  from  time  to 
time,  a  complete  view,  in  both  languages,  of  all  permanent 
regulations,  without  any  mixture  of  extraneous  or  tem- 
porary matter. 

Laws  passed  by  the  Governor  and  Council  of  Assiniboia 
ON  13tii  July,  1852. 

(Pages  175  and  188  and  Page  196)  13th  July,  1852. 

GENERAL  PROVISIONS. 

I.  All  local  enactments,  not  expressly  extended  farther, 
shall  apply  only  to  that  part  of  the  District  of  Assiniboia 
v^hich  forms  the  Red  River  Settlement  and  its  environs. 

II.  Fines  and  forfeitures,  when  not  otherwise  appropriated, 
shall  go  to  the  public  fund. 

III.  Every  regulation  shall  be  interpreted  without  regard 
.  to  the  distinctions  of  gender  or  number. 


1318  CAXADIAN  ARCHIVES 

IV.  If  any  pereon,  in  any  way,  encourage  any  violation  of 
any  local  enactment,  he  sliall  be  held  to  be  as  guilty  as  the  prin- 
•eipal  offender. 

V.  Unless  "a  special  regulation  provide  to  the  contrary, 
every  wrong  has  its  remedy  under  the  general  law  of  the 
country. 

1.  All  local  regulations,  that  were  on  record  on  SOtli  April, 
1851,  are  repealed. 

FIRES. 

2.  If  any  hay  stack,  in  the  open  plains,  be  injured  by  a 
running  fire,  the  o^vner  shall  not  recover  damages  unless  such 
hay  stack  has  been  protected,  at  a  distance  of  at  least  thirty 
yards,  by  a  ploughed  ring  of  at  least  four  feet  wide. 

3.  If  between  31st  May  and  1st  December,  any  person 
shall  kindle  a  tire  intended  to  run,  he  shall  be  fined  Ten  Pounds, 
one  half  to  go  the  prosecutor, — Provided,  that  the  bench  may 
remit  the  whole  fine,  if  the  defendant  has  both  kindled  the  fire 
through  necessity  and  done  all  in  his  power  to  prevent  it  from 
spreading. 

4.  If  any  fire  in  the  open  air,  which  is  not  intended  to  run, 
shall  be  left  burning  without  due  precautions,  or  be  negligently 
allowed  to  spread,  every  person,  who  may  have  kindled  or  fed 
or  used  same,  shall  be  fined  from  Five  Shillings  to  Fifty 
Shillings. 

ANIMALS. 

5.  If  any  cattle  trespass  on  enclosed  ground,  the  damages 
shall  be  equally  divided  among  the  trespassers,  which  may, 
moreover,  be  kept  in  pledge,  till  security  be  given  for  the  pay- 
ment of  such  damages,  at  the  cost,  to  the  owner,  of  sixpence  a 
day  each.  Provided,  that  no  part  of  the  damages  shall  fall  on 
any  animal  which  can  be  proved  to  have  effected  an  entry 
through  an  open  gate,  or  through  fencing  of  less  than  average 
strength  or  height  or  closeness. 

6.  If  any  stallion,  rising  two  years  old  or  upwards,  be  found 
at  large,  the  owner  shall  be  fined  Twenty  Shillings;  and  the 
animal  himself  may  be  kept  in  pledge,  till  security  for  pay- 
ment be  given,  at  the  rate  of  sixpence  a  day. 

7.  If  any  ram  be  found  at  large  between  30th  June  and 
1st  November,  such  ram  may  be  detained  by  any  person,  till  the 

owner  pay  him  Two  Shillings  and  Six  Pence,  for  his  own  use. 


PIONEER    LEGISLATION  1319 

8.  If,  between  31st  March  and  1st  November,  any  pig  be 
found  at  large,  the  owner  shall  be  answerable  for  all  such  injury 
■done  by  pigs,  as  his  pigs,  with  reference  to  time  and  place,  could 
possibly  have  occasioned,  unless  he  can  trace  such  injury  to  some 
other  pig  or  pigs  in  particular. 

HORSE-TAKING. 

9.  If  any  person  take  another's  horse,  to  ride  or  drive,  with- 
out consent,  he  shall  be  fined  one  Pound,  and  shall  forfeit  all 
such  equipments,  of  any  description,  as  he  may  have  used  in 
such  riding  or  driving. 

IJAY. 

10.  If  any  settler  cut  hay  behind  the  two-mile  line  before 
20th  July,  he  shall  forfeit  the  same,  or  the  value  thereof. 

An  exclusive  privilege  of  cutting  hay  between  the  two-mile 
and  the  four-mile  line  shall  be  forfeited,  for  the  season,  as  soon 
as  the  party  entitled  shall  cut  hay  beyond  the  four-mile  line; 
and,  at  all  events,  all  such  exclusive  privileges  shall  be  thrown 
■open  to  all  after  31st  August. 

12.  If  any  settler  trespass  wilfully  on  another's  hay  ground, 
lit  shall  forfeit  the  proceeds,  whether  in  kind  or  in  value,  for 

-the  benefit  and  satisfaction  of  the  party  injured,  without  receiv- 
ing any  allowance  for  his  labour;  but,  if  he  trespass  in  ignor- 
ance, he  shall  still  forfeit  as  before,  though  not  without  com- 
pensation for  his  time. 

EOADS^   &c. 

13.  The  main  highway  shall  be  two  chains  wide. 

1^1.  Any  other  actual  thoroughfare  may  be  repaired  or 
improved  as  a  public  path,  but  not  till  all  the  parties  interested 
in  the  soil  shall  have  consented  to  leave  unoccupied,  from  time 
to  time,  one  uniform  breadth,  so  as  to  provide  against  the 
encroachments  of  the  river,  or  any  other  similar  influences. 

15.  Any  person  who  may  dig  a  hole  through  the  entire 
thickness  of  the  ice,  or  through  any  portion  of  such  thickness, 
shall,  from  time  to  time,  mark  the  same,  at  the  point  nearest  to 
the  actual  track,  with  a  pole  at  least  six  feet  high,  being  other- 
wise liable  to  make  good  all  the  injury  which  such  pole  might 
have  been  expected  to  prevent. 


1320  CANADIAN    ARCHIVES 

16.  On  1st  January  in  each  year,  the  Governor  of  Assini- 
boia  shall  appoint  three  road-inspectors  for  every  section  of 
four  miles,  more  or  less,  on  the  entire  length  of  the  main  high- 
way. 

LIBRARY. 

17.  The  Red  River  Library  shall  be  a  body  corporate ;  and 
it  shall  have  charge  of  the  books,  which  were  bequeathed  to  the 
Settlement  by  the  late  Mr.  Peter  Fidler. 

DISTILLATION. 

18.  If,  without  the  Hudson's  Bay  Company's  authority, 
any  person  distil,  or  attempt  to  distil,  native  spirits,  or  own,  or 
possess,  either  such  spirits,  or  any  vessels  or  materials  prepared 
or  intended  for  the  manufacture  thereof,  he  shall  be  fined  Ten 
Pounds,  and  shall  forfeit  all  such  materials  or  vessels  or  spirits. 
X.B. 

N.B. — This  Law  was  repealed,  on  Dr.  Bunn's  motion,  the  23rd  June, 
1858 ;  '^ce  Minutes   of  Council  for  the  above  date.— W.  E.  Smith,   E.O. 

THE   INTOXICATING    OF    INDIANS. 

19.  If  any  person,  without  distinction  of  race,  supply  any 
reputed  Indian,  or  any  member  of  an  Indian  nation  with  the 
means  of  intoxication,  he  shnll  be  fined  as  follows: 

Two  Pounds  for  furnishing  any  brewing  utensils ; 
Three  Pounds  for  furnishing  malt;  e 

Pive  Pounds  for  furnishing  fermented  liquors ; 
Ten  Pounds  for  furnishing  any  other  immediate  cause  of 
intoxication  than  fermented  liquors. 

20.  In  addition  to  these  fines,  the  offender  shall  make  resti- 
tution to  the  Indian,  of  all  the  equivalent  which  he  may  have 
received,  if  any,  for  such  furnishing; — every  part  of  such 
equivalent,  not  being  money  itself,  being  valued,  for  this  ])i\r- 
pc'se,  at  prime  cost. 

18th  October,  1853. 

13|.  That  Dr.  Cowan,  Mr.  Brunean,  Mr.  Maximilian  Genton,  Mr.  J.  Bte. 
Lupine,  Mr.  Solomon  Hamelin,  Mr.  Michel  Dnmas,  Mr.  Narcisse  Marion 
and  Mr.  .Tenn  Veni-*.  be  authorized  to  trace  a  road  of  one  chain  in  breadth, 
snhiect  to  the  obligation  of  removing  the  side  fences  in  -winter,  on  the  west 
side  f  RF>d  Ki-'-"v  troin  Hie  A^sinibnine  to  the  Pointe  Coupee,  and  that  the 
road  so  traced  be  legalized — the  whole  to  be  approved  by  the  Boaid  of 
Works. 

15.V.  That  Dr.  Cowan,  Mr.  Grant,  Mr.  Sinclair,  Mr.  Bruneau  and  Mr. 
Ros«  be  a  Board  of  Works  for  the  management  of  Roads  and  Bridges. 

Thnt  no  money  be  granted  unless  on  a  report  and  application  of  the 
said  Board 


PIONEER    LEGISLATION  1321 

21.  If  an  intoxicated  Indian  commit,  or  threaten  to  com- 
mit, any  unprovoked  violence,  he  may  be  imprisoned  in  addi- 
tion to  any  specific  punishment,  till  he  prosecute  the  person 
u^ho  may  have  been  guilty  in  the  matter. 

22.  If  any  person  possess,  or  have  possessed,  malt  or  beer  or 
spirits,  or  any  other  of  the  above  specified  means  of  intoxication, 
i".  the  society  or  tent  of  any  Indian,  he  shall  be  held  guilty  of 
furnishing  such  means  of  intoxication  to  Indians. 

CUSTOMS  DUTIES. 

23.  Everything,  which  may  enter  the  Settlement,  or  which, 
after  entering  the  country,  to  the  address  of  any  settler,  may  be 
diverted  from  its  proper  destination,  shall  pay  four  per  cent  on 
the  prime  cost. 

Excepting 

I.  The  produce  of  the  chace ; 

II.  Whole  packages  passing  through  the  settlement  accord- 
ing- to  their  original  destination; 

III.  Personal  baggage,  comprising  everything  but  articles 
of  consumption,  which  may  arrive  in  the  country,  for  the 
CAmer's  own  use,  in  the  same  season  as  the  owner  himself. 

IV.  Live  stock; 

V.  Books,  maps,  plates,  prints,  philosophical  apparatus,  &c. 

VI.  Stoves; 

VII.  Anything  intended  for  the  improvement  of  agricul- 
ture, or  of  manufactures ; 

VIII.  Canvas,  ropes,  tar,  and  other  naval  stores,  unavoid- 
ably brought  into  use  for  the  importers'  own  boats,  on  their 
upward  voyage; 

-  IX.  Packages  employed  as  such. 

24.  The  want  of  an  invoice,  if  unavoidable,  shall  be  sup- 
plied bv  the  oath  of  the  imports  as  to  the  value  of  the  goods ; 
but  such  want,  if  not  unavoidable,  shall  be  supplied  by  the 
estimate  of  three  persons  to  be  named  by  the  collector. 

POLICE. 

25.  Efficient  householders,,  not  exceeding  fifteen  in  num- 
ber, shall  be  appointed  constables  on  1st  September  in  every 
year,  these  taking  the  following  oath : 

"  I  swear  by  God,  as  I  shall  answer  to  God  at  the  great  day 

"  of  iudgment,  that  I  shall,  till  lawfullv  discharged  from  my 

ISth  October,  1853. 
23i.  That  Church  Bells,  be  exempted  from  Duty. 


1322  CANADIAN  ARCHIVES 

^'  office  as  constable  for  the  District  of  Assiniboia,  be  always 
'*  ready,  at  all  hazards,  to  serve  and  execute  all  legal  writs,  and 
''  to  maintain  the  peace  and  security  of  the  "said  district  against 
"  all  enemies  and  disturbers  of  such  peace  or  such  security,  and 
"  that  I  shall,  to  the  utmost  of  my  ability,  obey  all  laws  and  all 
"  lawful  authority  within  and  for  the  said  district,  and  induce 
"all  others  to  obey  the  same;  and  that  I  shall  do  my  best  to 
"  become  acquainted  with  all  local  regulations." 

26.  For  any  neglect  of  duty,  any  constable  may  be  sus- 
pended by  any  magistrate  or  petty  court,  or  may  be  dismissed 
by  the  general  court. 

27.  Each  constable  shall  receive  Twelve  Pounds  a  year, 
-excepting  if  dismissed  for  neglect  of  duty,  or  pronounced,  after 
the  close  of  his  year,  to  have  been  deservedly  suspended,  he  shall 
receive  only  Three  Shillings  and  Six  Pence  for  every  day  of 
actual  service. 

INTESTATE    ESTATES. 

28.  When  any  person  has  died  without  a  written  will,  no 
individual  shall  intermeddle  with  the  property,  till  he  has 
received  letters  of  administration  from  the  Governor  of  Assini- 
boia. 

MARKIAGE   LICENCES. 

29.  On  payments  of  One  Pound,  a  marriage  licence  shall 
be  issued,  by  the  Governor  of  Assiniboia,  to  any  applicant  who 
may  have  sworn  before  him,  that  neither  himself,  nor  his 
intended  consort,  is  already  living  in  lawful  wedlock.  Saving 
the  rights,  whatever  they  may  be,  of  any  ecclesiastical  persou, 
in  the  premise. 

ADMINISTRATION  OP  JUSTICE. 

30.  Dr.  Bunn  shall  be  coronor  for  the  District  of  Assini- 
boia. 

31.  Cuthbert  Grant,  Esqr.,  and  Mr.  William  Ross,  shall 
be  sheriffs  for  the  same. 

32.  Mr.  William  Ross  shall  be  Governor  of  the  Gaol  from 
1st  June,  1851,  with  a  salary  of  Thirty  Pounds  a  year. 

27th  November,  1851. 
29^.  In  future,  any  legally  ordained  Presbyterian  Minister,  labouring 
in  the  settlement,  may  validly  solemnize  marriages  in  the  District  of 
Assiniboia :  and  all  registers  of  marriages,  baptisms,  and  burials,  regul- 
arly kept  by  any  legally  ordained  Presbyterian  Minister,  shall  be  deemed 
legal   and  valid  records. 


riOXEER    LEGISI.ATIOX  132'> 

33.  The  General  Court  sliall  sit,  for  the  District  of  Assini- 
boia,  with  a  jury,  on  the  third  Thursday  of  February,  of  May, 
of  August  and  of  November. 

34.  In  place  of  the  laws  of  England  of  the  date  of  the 
Hudson's  Bay  Company's  charter,  the  laws  of  England  of  the 
date  of  Her  Majesty's  accession,  as  far  as  they  may  be  applic- 
able to  the  condition  of  this  colony,  shall  regulate  the  proceed- 
ings of  the  General  Court,  till,  some  higher  authority  or  this 
Council  itself,  shall  have  expressly  provided,  either  in  whole 
or  in  part,  to  the  contrary. 

35.  Petty  Courts  shall  sit  as  follows: 

I.  White  Horse  Plain  Section,  from  Sturgeon  Creek  up- 
wards, on  both  sides  of  the  Assiniboine,  on  the  second  Monday 
of  January,  of  March,  of  May,  of  July,  of  September,  and  of 
iN^ovember,  at  Mr.  Grant's  house ; 

II.  Lower  Section,  from  the  Upper  Church,  downwards, 
on  the  sides  of  the  Red  River,  on  the  fourth  Monday  of  these 
same  months,  at  St.  Andrew's  school; 

III.  Upper  Section,  comprising  all  the  rest  of  the  settle- 
ment, on  the  third  Monday  of  every  month,  at  the  Court 
House;  Provided,  however,  that  any  one  of  these  petty  courts 
may  adjourn  itself  over  seed-time  and  harvest. 

36.  The  petty  judges  shall  be  as  follows,  receiving  Five 
Pounds  a  year  each: 

I.  Mr.  Pascal  Borland,  Mr.  Urbain  Delorme,  and  Mr. 
Joseph  Guilbeau,  with  Mr.  Grant  as  President; 

II.  Mr.  Donald  Gunn,  Mr.  Roderick  Sutherland,  and  Mr. 
John  Inkster,  with  Dr.  Bunn  or  Mr.  Thomas  Thomas  as  presi- 
dent; 

III.  Mr.  Frangois  Bruneau,  Mr.  Maximilian  Genton,  Mr. 
William  McMillan,  Mr.  William  Ross,  and  Mr.  Alban  Fidler. 
with  Dr.  Cowan  as  President. 

37.  Two  petty  judges  and  the  president  shall  form  a 
quorum,  the  president  voting  only  when  the  others  have  not 
decided  by  at  least  a  plurality  of  votes. 

38.  These  petty  courts  shall  take  cognizance  of  all  actions 
of  debt,  with  the  exception  of  questions  of  revenue,  not  exceed- 

29th  March,  1853. 
34^.  That,  for  the  future,  np  immoveable  property  shall  be  sold  without 
intimation  made  or  posted  previously,  on  two  successive  Sundays,  at  the 
door  of  every  church  in  the  settlement,  and  that  in  case  the  sale  may 
have  been  eSected  without  this  intimation  the  buyer  shall  be  responible 
for  the  debts  of  the  seller,  to  the  qimount  of  the  value  of  the  immoveable 
property. 


1324  CANADIAN  ARCHIVES 

ing  Five  Pounds,  and  also  of  all  petty  offences  which  do  not 
involve  any  other  than  a  pecuniary  penalty  of  not  more  than 
Forty  Shillings  Sterling — Provided,  however,  that,  where  the 
dfcbt  exceeds  Two  Pounds,  the  losing  party  may  appeal  to  the 
General  Court,  on  giving  security  for  costs. 

39.  In  any  petty  court,  the  original  summons  shall  run 
only  for  its  own  section  of  the  settlement,  but .  all  other  writs 
whatever  shall  run  for  the  District  of  Assiniboia. 

40.  If,  in  any  suit  originally  brought  before  the  General 
Court,  the  bench,  after  verdict  rendered  against  the  defendent, 
shall  unanimously  decide  that  such  suit  ought  to  have  gone 
before  a  petty  court,  the  plaintiff  shall,  in  that  case,  recover 
costs  only  as  in  such  petty  court. 

41.  In  any  court,  either  party  to  a  civil  action  may  be  made 
the  other's  witness. 

42.  Every  writ,  including  service  or  execution  thereof, 
within  the  range  of  the  Settlement,  shall  cost  One  Shilling. 

43.  In  a  civil  case,  the  jurors  shall  receive  One  Shilling 
each,  while  all  witnesses  whatever  shall  have  Two  Shillings 
and  sixpence  a  day  each. 

44.  Any  person,  who  may  be  imprisoned  in  respect  of  any 
crime,  or  of  any  penalty,  shall  daily  receive  one  pound  of 
pbmmican,  and  water  at  discretion;  and  no  person  may  be 
imprisoned,  or  kept  in  prison,  at  the  suit  of  any  creditor,  unless 
ht  shall  receive,  every  week  in  advance,  a  daily  allowance  of 
Four  Pence  from  such  creditor. 


EXECUTIVE    OFFICER. 

45.  Mr.  William  Eobert  Smith,  with  a  salary  of  Seventy 
Pounds  a  year,  shall  discharge  all  such  administrative  func- 
tions as  may  not  be  specially  assigned  to  any  other  person. 

LEGISLATIVE    PROCEEDINGS. 

46-  Unless  the  votes  be  unanimous  to  the  contrary,  no 
motion  shall  be  carried  without  having  been  twice  read  on  two 
different  days. 


29th  March,  1853. 
45i.  That  Dr.  Cowan,  Mr.  Thomas,  and  Mr.  Ross,  be  auditors  of  the 
public  accounts  and  that  they  publish  the  same  on  the  second  Sunday  in 
June. 


pioneer  legislation  1325 

Lois  passees  par  le  Gouverneur  et  le  Conseil  d'Assixiboia 

le  13  juillet,  1852. 

The  Revd.  Mr.  La  Fleche's  Translation. 

DISPOSITIONS  PEELIMINAIRES. 

I.  Toutes  les  ordonnances  locales  qui  ne  serout  pas  explicite- 
Kent  etendues  plus  loins,  ne  seront  applicables  qu'a  cette  partie 
dii  district  d'Assiniboia,  qui  forme  la  Colonic  de  la  Riviere 
Rouge  et  ses  environs. 

II.  Toutes  les  amendes  et  confiscations,  qui  n'ont  point  de 
designation  speciale,  doivent  revenir  aux  fonds  publics. 

III.  Tout  reglement  sera  interprets  sans  aucune  distinction 
do  Genre  ou  de  N ombre. 

IV.  Si  quelqu'un  favorise,  d'une  maniere  quelquonque,  la 
violation  d'une  ordonnance  locale,  il  sera  tout  aussi  coupable 
que  le  principal  offenseur. 

V.  La  loi  generale  d'Angleterre  suppleera  a  tous  les  cas  qui 
ne  sont  prevus  par  ces  reglemens  locaux. 

1.  Tous  ces  regleinens  locaux  enregistres  jusqu'au  30  AoCit, 
1851,  sont  rappeles. 

FEUX. 

2.  Si  un  malon  de  foin,  en  pleine  prairie,  est  endommage 
par  un  feu  courant,  le  proprietaire  n'en  pourra  reclamer  le  dom- 
n:ag^  que  dans  le  cas  ou  il  aura  ceme  ce  malon  d'un  anneau  de 
la  bourage  d'aumoins  quatre  pies  de  large,  a  la  distance  de  trente 
verges  au  moins. 

3.  Si,  du  31  Mai  au  1  Decembre,  quelqu'un  met  le  feu  avec 
intention  de  le  faire  courir,  il  paiera  dix  louis  d'amende,  dont 
moitie  au  poursuivant. — Pourvu,  cependant,  que  la  cour  pent 
romettre  toute  I'amende,  si  le  defendant  n'a  mis  le  feu  que  par 
necessite,  et  a  fait  tout  en  son  pouvoir  pour  I'empecher  de  courir. 

4.  Si  un  feu  allume  en  plein  air,  sans  intention  pourtant  de 
le  faire  courir,  est  laisse  allume,  et  que  par  defaut  de  precau- 
tion, ou  par  negligence,  il  vient  a  courir,  toute  personne  qui 
Taura  allume,  ou  alimente,  ou  qui  s'en  sera  servi,  paiera  une 
amende  de  cinq  clielins  a  einquante  clielins. 

ANIMAUX. 

5.  Si  un  troupeau  entre  dans  un  champ  clos,  le  dommage 
sera  divise  egalement  entre  ces  animaux,  et  de  plus,  oes  animaux 


1326  CANADIAN  ARCHIVES 

pourront  etre  retenus  en  garanti  jusqu'a  assurance  du  paieinenl; 
a  raison  de  donze  sous  par  jour  pour  le  soin  de  cliaque  animal. 
Pourvu,  cependant,  qu'aucune  partie  du  dommage  ne  puisse 
tomber  sur  quelqu'animal  qui  serait  entre  par  une  barriere  ou- 
vorte,  ou  par  une  cloture  qui  n'aurait  ni  la  hauteur,  ni  la  force, 
ni  la  densite  convenable. 

6.  Si  uii  etalon'  approcbant  deux  ans  et  audessus  est  trouve 
libre,  le  proprietaire  de  cet  etalon  23aiera  vingt  cbelins  d'amende, 
et  I'animal  pourra  etre  retenu  en  garanti  jusqu'a  assurance  du 
paiement  a  raison  de  douze  sous  par  jour. 

7.  Si  un  belier  est  trouve  libre  entre  le  30  Juin  et  le  1  ]S[o. 
venibre,  toute  personne  pent  le  prendre,  et  le  retenir  jusqu'a  ce 
que  le  proprietaire  lui  ait  pave  deux  clielins  et  demi,  lesquels  lui 
appartiendront. 

8.  Si,  entre  le  31  Mars  et  le  1  jSTovembre,  un  coclion  est 
trouve  libre,  le  proprietaire  de  ce  coclion  est  responsable  du  dom- 
mage cause  par  des  cochons,  que  en  egard  an  tems  et  au  lieii, 
son  cochon  aurait  pu  causer,  a  moins  qu'il  ne  puisse  prouver 
que  ce  dommage  a  ete  cause  par  tel  ou  tels  autres  cochons  en. 
particulier. 

USAGE    DES     CHEVAUX. 

9.  Si  quelqu'un  prend  un  cheval,  pour  le  moiiter  ou  I'atteler, . 
sans  le  consentement  du  possesseur,  il  paiera  un  louis  d'amende, 
et  on  lui  confisquera  I'aquippement,   de  quelque  qualite  qu'il 
soit,  dont  il  se  sera  servi  pour  le  monter  ou  I'atteler. 

FOIN. 

10.  Si  un  colon  fauche  du  foin  au  dela  de  la  ligne  de  deux 
Tiiilles  avant  le  20  Juillet,  il  lui  sera  confisque,  ou  il  en  paiera 
la  valeur, 

11.  Le  privilege  exclusif  de  faucher  ce  foin  entre  les  lignes 
de  deux  et  de  quatre  milles,  sera  perdu  pour  la  saison  du  mo- 
ment que  celui,  qui  j  a  droit,  aura  fauche  au  dela  de  la  ligiie  de 
quatre  milles,  et  en  tous  les  cas  privileges  cesseront  apres  le 
31  Aout. 

12.  Si  un  colon  fauche  sciemment  sur  la  terre  d'lm  autre, 
son  foin  lui  sera  confisque,  en  espece  ou  en  valeur,  au  Drofit  ot 
au  satisfaction  du  proprietaire,  sans  recevoir  aucun  dedommage- 
mont  pour  son  travail ;  mais  s'il  I'a  fait  par  ignorance,  son  foin 
lui  sera  encore  confisque,  mais  il  aura  droit  a  etre  dedommage- 
de  son  tems. 


PIONEER    LEGISLATION  132T 


CHEMINS. 

13.  Les  principales  graudes  routes  anront  deux  cliaiues  de 
large. 

14.  Les  autres  cliemins  j)€uvent  etre  repares  et  ameliores 
comme  chemins  publics,  mais  seulement  lorsque  les  proprictaires 
du  sol  auront  consenti  a  laisser  libra  une  largeur  convenable 
qu'ils  elargiront  de  terns  en  terns  de  maniere  a  reparer  les  dom- 
mages  causes  par  la  riviere,  ou  autres  causes  ^emblables.. 

15.  Si  quelqu'un  perce  dans  la  glace  un  trou  a  jour,  ou 
seulement  dans  une  partie  de  I'epaisseur  de  la  glace,  il  I'indi- 
quera  par  une  perclie  d'aumoins  six  pies  de  long,  plante  du  cote 
]e  plus  pres  du  chemin,  faute  de  quoi,  il  sera  responsablc  du 
dommage  qu'une  semblables  precaution  aurait  pu  prevenir. 

16.  Le  premier  Janvier  de  cbaque  annee  le  Gouvorueur 
d'Assiniboia  nommera  trois  inspecteurs  de  chemins  pour  chaque 
section  de  quatre  milles,  plus  ou  moins,  sur  la  longueur  entiere 
des  grandes  routes. 

BIBLIOTHEQUE. 

17.  La  bibliotlieque  de  la  Riviere  Rouge  sera  un  corps  in- 
corpore,  et  il  sera  charge  du  soin  des  livres  legues  par  feu  Mr- 
Peter  Fidler. 

DISTILLATION. 

18.  Si,  sans  I'autorisation  de  la  Compagnie  de  la  Bale 
d'Hudson,  quelqu'un  distille,  ou  entreprende  de  distiller,  des 
spiritueux  natifs,  ou  a,  ou  possede,  soit  de  tels  spiritueux,  ou 
soit  ces  vaisseaux  et  materiaux  prepares  et  destines  a  ces  con- 
fectionners,  il  paiera  dix  louis  d'amende ;  et  ces  vaisseaux,  ma- 
teriaux, et  spiritueux  lui  seront  confisques. 

ENIVEEMENT  DES  SAUVAGES. 

19.  Si  quelqu'un,  sans  distinction  de  race,  fournit  a  un 
autre,  repute  sauvage,  ou  a  quelqu'un  membre  d'une  nation  sau- 
vage,  les  moyens  de  s'enivrer,  il  sera  sujet  a  une  amende  comme 
suit: 

Deux  louis  jDOur  avoir  fourni  quelqu'ustensile  de  brasserie ; 
Trois  louis  pour  avoir  fourni  du  malt ; 
Cinq  louis  pour  avoir  fourni  des  liqueurs  fermentees ; 
Dix  louis  pour  avoir  fourni  toute  autre  cause  immediate 
d'enivrement  que  les  liqueurs  fermentees. 


1328  CANADIAN  ARCHIVES 

20.  Ensus  ces  amendes,  le  delinqiiant  restitiiera  an  sauvage 
requivalent  de  tout  ce  qu'il  pourra  en  avoir  regu,  si  c'est  le  cas, 
pour  lui  avoir  fourni  ces  choses,  et  toute  partie  de  cet  equiva- 
lent, qui  n'aura  pas  ete  paye  en  argent,  sera  estimee,  dans  ce 
cas,  au  prix  coutant. 

21.  Si  un  sauvage  ivre  commet  on  menace  de  quelque  vio- 
lence, sans  provocation,  il  pourra  etre  enprisonne  ensus  de 
toute  autre  punition  designee,  jusqu'a  ce  qu'il  poursuive  la  per- 
sonne  qui  pent  avoir  ete  coupable  dans  1' affaire. 

22.  Si  quelqu'un  possede,  on  a  possede,  du  malt,  de  la  biere, 
ou  des  spiritueux,  ou  quelqu'autre  moyen  d'enivrer,  ci-dessus 
specific,  en  la  societe  ou  la  loge  d'un  sauvage,  il  sera  tenu  cou- 
pable d'avoir  foumi  ces  moyens  d'enivrement  aux  sauvages. 

DOUANE  ET  DROITS. 

23.  Toute  chose,  qui  sera  importee  dans  la  Colonic,  ou  qui 
apres  avoir  ete  importee  dans  ce  pays  a  I'adresise  d'un  colon, 
sera  ensuite  detournee  de  sa  destination  primitive,  paiera  quatre 
par  cent  sur  le  prix  coutant.  • 

Excepte : 

I.  Le  produit  des  chasses ; 

II.  Les  pieces  entieres  passant  par  la  colonic  pour  se  rendro 
a  leur  destination  primitive ; 

III.  Le  bagage  personel,  comprenant  toutes  sortes  de  clioses 
(excepte  les  objets  de  consommation)  qui  arriveront  dans  le 
pays  pour  I'usage  du  proprietaire,  pendant  la  meme  saison  que 
]'  proprietaire  lui  meme; 

IV.  Les  animaux  de  toute  espece ; 

V.  Les  livres,  cartes,  planches,  imprimeries,  appareils  philo- 
sophiques,  etc; 

VI.  Les  poeles ; 

VII.  Toute  chose  distinee  a  I'amelioration  de  Tagriculture 
ou  des  manufactures; 

VIII.  Les  canevas,  cables,  goudrons,  et  autres  objets  de  na- 
vigation, necessairement  employes  pour  I'usage  des  barges  par 
lours  proprietaires,  pendant  leur  voyage  de  retour ; 

IX.  Les  emballages  employes  comme  tels. 

24.  S'il  est  impossible  d'avoir  la  facture,  I'importeur  sup- 
pleera  par  son  serment  sur  la  valeur  des  marchandises,  mais  s'il 
n'etait  pas  impossible  d'avoir  la  facture,  alors  le  collect eur  nom- 
mera  trois  personnes  qui  y  snppleeront  par  leur  estimation. 


PIONEER    LEGISLATION  1329 

POLICE. 

25.  Des  chefs  de  maison,  n'excedant  i^as  le  nombre  de  quinze 
seront  nommes  connetabies  le  1  Septembre  cbaqiie  annee  et 
preteront  le  serment  siiivant : 

'"  Je  jure  devant  Dieu,  a  qui  j'anrai  a  repondre  au  grand 
"  jour  dii  jugement,  que  je  m'acquitterai  legalement  de  ma 
"  charge  de  connetable  pour  le  District  d'Assiniboia,  etant 
''  toujours  pret,  a  tout  risque,-  a  servir  et  executer  les  ordres 
'•  legaux,  a  maintenir  la  paix  et  la  tranquillit  ?  du  dit  district 
"  contre  tons  les  ennemis  et  perturbateurs  de  cette  paix  et  tran- 
"  quillite, — et  que  j'obeirai,  au  meilleur  de  ina  ^apacite,  a 
'*  toutes  les  lois  et  autorites  legales  dans  et  pour  le  dit  district, 
"  ^-et  que  j'engagerai  les  autres  a.  rendre  la  meme  obeissance, — 
'•  et  que  je  ferai  mon  possible  pour  acquerir  la  conuaissance 
"  des  reglemens  locaux." 

26.  Tout  connetable,  pour  negligence  de  son  devoir,  pent 
etre  suspendu  par  un  magistrat,  on  la  petite  cour,  et  pent  etre 
renvoye  par  la  Grand-cour. 

27.  Chaque  connetable  recevra  douze  louis  par- an;  niais  s'il 
a  ete  renvoye  pour  avoir  neglige  son  devoir,  ou  si,  apres  I'annee 
fmie,  il  est  decide  qu'il  a  ete  suspens  legalement,  il  ne  recevra 
que  trois  chelins  et  demi  pour  chaque  jour  de  service  actuel. 

BIENS  NON  TESTES. 

28.  Quand  une  personne  meurt  sans  testament,  aucun  indi- 
vidu  ne  doit  se  meler  de  sa  propriete,  avant  d' avoir  recu  des 
lettres  d'administration  du  Gouverneur  d'Assiniboia. 

LICENCES   DE   MAEIAGE. 

29.  Le  Gouverneur  d'Assiniboia,  sur  paiement  d'un  louis, 
d(;nnera  une  licence  de  mariage  a  tout  demandant  qui  fera  ser- 
ment devant  lui,  que  ni  lui,  ni  sa  future  compagne,  ne  sont  deja 
legitimement  marie,  sans  prejudice  quelconque  des  droits  d' au- 
cun ecolesiastique. 

29^.  A  I'avenir,  tout  Ministrc  Presbyterien  legalement  or- 
donne  exergant  son  ministere  dans  cette  Colonie,  pourra  celebrer 
■validement  les  mariages  dans  le  District  d'Assiniboia;  et  tons 
les  registres  de  mariages,  baptemes,  et  sepultures,  tenus  regu- 
lierement  par  un  Ministre  Presbyterien  quelconque,  legalement 
ordonne,  seront  regardes  eomme  legaux  et  valides. 
•     28159—84 


1330  CANADIAN    ARCHIVES 

ADMINISTEATION  DB  LA  JUSTICE. 

30.  Dr.  Bunn  sera  coronaire  pour  le  District  d'Assiniboia. 

31.  Cuthl>ert  Grant,  Ec,  et  M.  William  Ross,  seront  sherif* 
pour  le  meme  district. 

32.  M.  William  Ross  sera  Grouverneur  de  la  Prison  depuis 
le  1  Juin,  1851,  avec  un  salaire  annuel  de  trente  louis. 

33.  La  Grand-cour  se  tiendra  pour  le  District  d'Assiniboia, 
avec  un  jury,  les  troisiemes  Jeudis  de  Fevrier,  Mai,  Aout  et 
Novembre. 

34.  A  la  place  des  lois  d'Angleterre  a  la  date  de  la  Chartre 
ae  la  Compagnie  de  la  Bale  d'Hudson,  les  lois  d'Angleterre  de 
b  date  de  I'avenement  de  sa  Majeste,  en  autant  qu'elles  seront 
applicables  a  la  condition  de  certte  Colonic,  regleront  les  procedes 
df  la  Grand-cour,  jusqu'a  ce  que  quelqu'autorite  superieure,  ou 
ce  conseil  lui-meme,  pourvoie  expressement  au  contraire,  en  tout 
oil  en  partis. 

34^.  (^u'il  soit  statue  qu'a  I'avenir  aucun  bien  immeuble  ne 
?oit  vendu  sans  une  annonce  faite  ou  afRcbee  prealablement  par 
deux  dimanches  consecutifs  a  la  porle  de  toute  les  eglises  de  la 
Colonic.  Dans  le  cas  oii  la  vente  sera  faite  sans  cette  annonce, 
I'acquereur  sera  responsable  de  toutes  les  dettes  du  vendeur,  jus- 
qu'a  la  valeur  reelle  de  I'immeuble. 

35.  Les  petites  cours  siegeront  comme  suit : 

L  Section  de  la  Prairie  dn  Cheval-blanc.  depuis  la  Riviere 
Eiurgeon,  en  montant,  sur  cliaque  cote  de  la  Riviere  Assini- 
boine, — les  seconds  lundis  de  Janvier,  Mars,  Mai,  Juillet,  Sep- 
tcmbre  et  Novembre,  cbez  Mr.  Grant. 

II.  Section  d'en  bas,  depuis  I'eglise  d'en  haut,  en  descen- 
dant, sur  cbaque  cote  de  la  Riviere-Rouge, — les  quatriemes  lun- 
dis des  memes  mois,  a  la  maison  d'ecole  de  A.  Andre. 

III.  Section  d'en  Laut,  comprenant  le  reste  de  la  Colonic, 
les  troisiemes  lundis  de  chaque  mois,  a  la  maison  de  la  cour; 

Pourvu,  cependant,  que  cbaque  petite  cour  pent  s'ajourner, 
f  u  dela  du  tems  des  semences  et  de  recolte. 

36.  Les  petits  juges  seront  comme  suit,  et  recevront  annuel- 
Icment  cbacun  cinq  louis : 

I.  MM.  Pascal  Berland,  Urbain  Delorme,  et  Josepb  Guil- 
boau,  avec  M.  Grant  pour  President ; 

II.  M.M.  Donald  Gunn,  Roderick  Sutherland,  Jobn  Inkster 
Rvcc  Dr.  Bunn  et  'M.  Thomas  Thomas  pour  President; 


PIONEEE    LEGISLATION  1331 

III.  M.M.  Frangois  Bruneau,  Maximilian  Genton,  William 
McMillan,  William  Koss  et  Alban  Fidler,  avec  Dr.  Cowan  pour 
President. 

37.  Deux  petits  juges  et  ce  President  formeront  un  quorum. 
Le  President  ne  votera  seulement  que  quand  les  juges  n'auront 
point  decide  aumoins  par  une  pluralite  de  voix.. 

38.  Ces  petites  cours  prendront  connaissance  de  toutes  ac- 
tions de  dette  (excepte  les  questions  de  revenu)  qui  n'excederont 
pas  cinq  loiiis,  et  aussi  de  toutes  les  petites  offences  qui  n'em- 
portent  pas  avec  elles  d' autre  punition  qu'une  punition  pecuni- 
aire,  n'ecedant  pas  quarante  chelins.  Pourvu,  cependant,  que 
lorsque  la  dette  excede  deux  louis,  le  perdant  pent  appeler  a  la 
Grand-cour,  en  donnant  securite  pour  les  frais. 

39.  Dans  ciiaque  petite  cour  les  sommations  originales  n'au- 
ront force  que  dans  leur  section  respective  de  la  Colonic,  mais 
tout  autre  ordre  quelconque  aura  force  dans  tout  le  district  d'As- 
siniboia. 

4:0.  Si,  dans  une  j)Oursuite  faite  en  premiere  instance  de- 
vant  la  Grand-cour,  le  banc,  apres  un  verdict  rendu  centre  le 
defendant,  decide  unanimement,  que  cette  poursuite  aurait  du 
etre  faite  par  devant  la  petite  cour,  le  paignant,  dans  ce  cas,  ne 
recouvrera  que  les  frais  qu'aurait  exiges  cette  petite  cour. 

41.  Dans  aucune  cour,  chaque  parti  pour  une  action  civile 
pent  forcer  I'autre  a  devenir  son  temoin. 

42.  Chaque  ordre,  exigeant  un  service,  ou  execution  pour 
cbaque  section  de  la  Colonic,  coutera  un  cbelin. 

43.  Dans  une  action  civile,  les  jures  recevront  un  cbelin  cba- 
cr.n,  tandis  que  les  temoins  recevront  cliacun  deux  cbelins  et 
demi  par  jour. 

44.  Toutes  personne,  emprisonnee  pour  quelque  crime,  ou 
quelque  punition,  recevra  une  livre  de  pemikan  par  jour,  et  de 
Teau  a  discretion ;  et  personne  ne  pent  etre  emprisonnee  ou  re- 
tenu  en  prison  a  la  poursuite  d'un  creancier,  a  moins  qu'il  ne 
regoive  d'avance,  chaque  semaine,  une  allouance  de  huit  sons 
par  jour  de  ce  creancier. 

OFFICIEE  EXECUTEUK. 

45.  William  Robert  Smith,  avec  un  salaire  de  soixante  dix 
louis  par  an,  remplira  toutes  les  fonctions  administratives  qui 
ne  sont  pas  specinalement  assignees  a  une  autre  personne. 

454^.  Que  le  Dr.  Cowan,  M.  Thomas,  et  M.  Ross,  soient  x\udi 
teurs  des  comptes  publics,  et  qu'ils  en  fassent  la  publication  le 
second  dimanche  de  Juin. 


1332  CANADIAN    ARCHIVES 

PEOCEDES    LEGISLATIFS. 

46.  A  moins  que  les  votes  ne  soient  unanimes,  aucune  mo- 
tion ne  pourra  etre  emportee  sans  avoir  ete  lue  deux  fois  en  deux 
jours  diiferens. 

IJf..  Lois  d' Assinihoia  passees  par  le  Gouverneur  et  le  Gon- 
seil  d' Assinihoia,  le  13  Avril  1862}^^ 

^  LOIS  d'assi:niboia. 

Passees  par  le  Gouverneur  et  le  Conseil  d'Assiniboia 
LE  13  Avril  1862. 

Observations  Generates. 

I.  Toutes  les  ordonnances  locales,  quand  elles  ne  seront  pas 
expressement  etendues  plus  loin,  ne  concerneront  du  district 
d'Assiniboia  que  la  partie  formant  la  Eiviere  Rouge,  et  ses  en- 
virons. 

II.  Les  amendes  et  les  confiscations,  a  moins  d'une  disposi- 
tion contraire,  tourneront  an  profit  du  tresor  public. 

III.  Chaque  decision  devra  s'interpreter  sans  distinction  de 
gtnre  et  de  nombre. 

IV.  Toute  personne,  qui,  d'une  maniere  ou  d'une  autre,  en- 
couragera  a  la  violation  d'une  ordonnance  locale,  sera  regardee 
comme  aussi  coupable  que  le  delinquant  principal. 

V.  A  moins  d'une  disposition  speciale  pour  le  contraire, 
toute  offense  a  son  remede  dans  la  loi  generale  du  pays. 

I.  Tons  les  reglements  locaux,  consisrnes  dans  les  registres 
jusqu'au  13  Mars  1862,  sont  annules. 

FEUX. 

II.  TJn  mulon  de  foin,  en  pleine  prairie,  vient-il-a  souffrir 
du  feu  qui  court,  le  proprietaire  n'aura  droit  a  aucun  dedom- 
magement,  a  moins  que  le  dit  mulon  de  foin  n'ait  ete  protege, 
a  une  distance  de  vingt  verges,  au  moins,  par  un  cernage  a  la 
cbarrue  ou  au  feu  de  liuit  pieds  de  large  au  moins. 

III.  Entre  le  31  Mai  et  le  ler  Decembre,  toute  personne  qui 
allumera  du  feu,  avec  I'intention  de  le  laisser  courir,  sera  punie 
d'une  amende  de  dix  Louis,  dont  la  motie  pour  le  poursuivant; 
et  toute  personne  qui,  sans  la  presence  et  I'assistance  de  quatre 
hommes  au  moins,  allumera  du  feu  pour  cerner  ses  mulons,  aux 
termes  de  la  loi  precedente,  cette  personne  sera  traitee  comme 


PI0XEP:R    LEGISLATIOX  1333 

iiyant  encouni  la  pcnalite  attaeliee  a  la  presente  loi.  Le  Banc 
pourra  neanmoiiis  remettre  toute  I'amende,  si  le  defendant  n'a 
allume  le  feu  que  par  necessile,  et  s'il  a  fait  tout  son  pos- 
sible pour  FemjDeclier  de  courir. 

IV.  Si,  en  plein  air,  un  feu,  qui  n'est  pas  allume  pour  courir 
est  laisse  allume,  sans  les  precautions  convenables  ou  est  laisse 
s'etendue  par  negligence,  toute  personne,  qui  pourrait  1' avoir  • 
allume   ou    entretenu    ou  s'en  etre   servi,    sera   passible    d'une 
amende  de  cinq  a  cinquante  shillings. 

ANIMAUX. 

V.  Si  I'on  trouve  uri  ou  plusieurs  animaux  dans  un  clos  ou 
,du  dommage  a  ete  cause,  le  dit  dommage  sera  paje  par  le  ou  les 

proprietaires  de  cet  animal  ou  de  ces  animaux  trouves  dans  I'en- 
clos,  selon  que  le  proprietaire  du  champ  pourra  prouver  que' cet 
animal  est  ou  ces  animaux  sont  generalement  connus  dans  le 
voisinage  comme  briseurs  de  clotures.  Le  montant  du  dommage 
sera  egalement  divise  entre  chacun  des  animaux',  connus  briseurs 
de  clotures,  indejDendamment  des  autres  animaux  trouves  simul- 
tnnement  dans  I'enclos,  mais  n'ayant  point  le  meme  defaut;  et 
tout  animal  connu  comme  briseur  de  clotures  et  trouve  dans  I'en- 
cios,  sera  garde  en  garant  jusqu'a  ce  que  son  maitre  paje  sa 
part  du  dommage,  pourvu  que  le  proprietaire  de  I'enclos  puisse 
prouver  que  la  cloture  du  dit  enclos  etait  suffisament  haute,  forte, 
ot  serree,  et  que  la  ou  les  barrieres  de  I'enclos  etait  ou  etaient 
fermees. 

VI.  Si  un  etalon  de  seize  mois  et  au-dela  est  trouve  libre, 
Ic  proprietaire  sera  puni  d'un  amende  de  vingt  shillings  dont  la 
moitie  ira  au  celui  qui  aura  arrete  I'etalon,  et  I'etalon  lui-meme 
pourra  etre  garde  en  garant  jusqu'a  ce  que  des  suretes  pour  le 
payement  de  I'amende  soient  donnees  ;  et  tout  le  temps  que  I'ani- 
mal  est  ainsi  garde  le  proprietaire  payera  pour  le  soin  qu'on 
en  aura  eu,  six  deniers  par  jour. 

VII.  Si  un  belier  est  trouve  libre  depuis  le  30  Juin  et  le  ler 
ISTovembre,  il  pourra  etre  enferme  par  le  premier  venu,  jusqu'a 
ce  que  le  proprietaire  paye  deux  shillings  et  deani  pour  le  profit 
de  celui  qui  aura  arrete  I'animal,  et  tout  le  temps  que  le  belier 
sera  ainsi  enferme,  le  maitre  aura  a  payer  trois  deniers  par  jour 
pour  la  pension  du  dit  belier. 

VIII.  Si,  depuis  le  31. Mars  et  le  ler  ISTovembre,  un  ou  plu- 
sieurs cochons  sont  trouves  dans  un  champ  cloture,  sans  avoir 

.  un  joug  de  1-J  pied  de  large,  et  de  1*  pied  de  haut,  le  proprie- 
28159—85  ^ 


1334  CANADIAN  ARCHIVES 

taire  de  ce  on  de  ces  cochons  nonsouloment  sera  responsable  pour 
tfut  le  dommage  commis  par  ce  ou  ces  cochons,  mais  paiera  de 
plus  une  amende  de  trois  shillings  pour  leur  saisie.  En  outre, 
si,  apres  que  le  maitre  du  ou  des  dits  cochons  a  ete  avertf  par  le 
pioprietaire  de  I'enclos  de  retirer  son  ou  ses  cochons,  il  neglige 
de  le  faire,  dans  ce  cas,  le  proprietairc  de  I'enclos,  apres  un  de- 
lai  de  six  heures,  pourra  tucr  le  ou  les  dits  cochons,  sans  que  leur 
proprietaire  ait  droit  a  aucun  dedommagenient.  Quiconque 
])vendra  un  ou  deis  cochons,  en  vertu  de  cette  loi,  re<jevra  pour 
leur  entretien,  six  deniers  par  jour,  lesquels  soront  paves  par  le 
n:aitre  du  cochon  ainsi  saisi. 

DE    CEUX    Qtri    PRENiVENT    I>ES    CIIEVEAUX.      « 

IX.  Toute  personne  qui  prendra  le  chaval  d'un  autre  pour 
1»  nionter  ou  pour  Tatteler,  sans  son  consentcnient,  sera  punie 
d'une  amende  de  un  Louis.  La  moitie  de  I'amende  ira  au  de- 
nonciateur,  et  seront  confisques,  au  profit  du  proprietaire  du 
e'iieval,  tous  les  equipements  de  quelque  qualite  qu'ils  soient  dont 
1 '  conpable  se  sera  servi  en  usant  du  cheval,  pour  la  selle  ou 
pour  la  voiture.  Si  un  cheval  ainsi  |)ris  etait  endommage  ou 
perdu,  celui  qui  I'a  pris  devra  indemniser  le  proprietaire  dans 
toute  I'etendue  du  dommage  ou  de  la  p(>rto. 

FOIN. 

X.  Tout  habitant,  qui  coupera  du  foin  au-dela  des  duux 
niilles'  avant  le  ler  Aout,  iperdra  le  foin  ou  la  valeur  du  foin. 

XI.  Tout  privilege  exclusif  de  couper  du  foin  entre  les 
ligTies  situees  au-dela  des  deux  milles  et  en  dega  des  quatr^ 
milles  sera  perdu  pour  ""a  saison  aussitot  que  la  partie  privilegied 
coupera  du  foin  au-dela  des  quatre  milles.  En  tous  cas  tous 
ces  privilegies  exclusif s  deviendront  droit  commun  apres  le  15 
Aoiit,  ou  deux  semaines  apres  le  commencement  des  foins. 

XII.  Un  habitant  qui  volontairement  empieterait  sur  la 
terre  d'un  autre,  en  perdra  les  revenus,  en  espeoe  ou  en  valeur, 
pour  le  profit  et  la  satisfaction  de  la  partie  lesee,  et  n'aura  droit 
a  aucune  remise  pour  son  travail ;  s'il  empiete  par  ignorance,  il 
subira  les  memos  pertes  que  ci-dessus,  mais  avec  compensation 
pour  son  temps. 

CHEMINS. 

XIIT.  Le  principal  grand  chemin  aura  deux  chaines  de 
large. 

XIV.  Tout  autre  lieu  actuel  de  passage,  pourra  etre  repare 
ou  ameliore  eoinnie  chemin  public,  mais  pas  avant  que  toutes  les 


PIONEER    LEGISLATIOX  1335 

pt.rties  iuteressees  dans  le  sol  aient  cousemi  a  lais«er  iiiocciipee, 
cle  temps  en  temps,  nne  largeur  uniforme,  afin  d'obvier  aux  em- 
pietement  des  la  Riviere  ou  a  d'aiitres  semblables  inconvenients. 

XV.  Si  qiielqu'un  perce  la  glace  en  tout  ou'en  partie,  il 
marquera,  de  temps  en  temps,  cet  endroit  an  point  le  plus-  rap- 
proche  du  chemin  actuel  avec  une  perclie  de  six  pieds  de  haut 
au  moinsj  sans  quoi,  il  sera  re3.ponsable  pour  tons  les  dommages 
que  eette  marque  aurait  pu  prevenir. 

XVI.  On  nommera  des  Inspecteurs  des  travaux  publics 
dans  les  differentes  parties  de  la  Golonie.  Ceux-ci  repondront 
devant  le  Gouverneur  et  le  Conseil  des  soinmes  d'argent  depen- 
sees  pour  les  travaux  publics,  au&si  bien  que  de  I'etat  des  che- 
mins  et  des  ponts  dans  leurs  sections  respectives.  Les  dits 
inspecteurs  offriront  a  la  concurrence  publique  tons  les  travaux 
a  executer  dans  leurs  sections  respectives,  et,  panui  les  concur- 
rents, ils  cboisiront  les  personnes  les  phis  aptes  aux  travaux  pro- 
poses. 

I.  La  section  de  la  Prairie  du  Cheval  Blanc  embrasse-  les 
deux  rives  de  la  Riviere  Assiniboino,  en  la  remontant  depuis  la 
Riviere  Eturgeon. 

IL  La  section  inferieure  comprend  les  deux  jsives  de  la 
Riviere  Rouge,  en  la  descendant  depuis  FEglise  St.  Paul. 

III.  La  section  du  milieu  comprend  les  deux  rive>  d©  la 
Riviere  Rouge,  en  la  remontant  depuis  I'Eglise  St.  Paul,  jus- 
qu'a  la  Cathedrale  de  St.  Jean;  de  la  ju>qu'a  la  Fourcbe,  elle 
comprend  le  cute  Quest  de  la  Riviere  Rouge,  et  de  la  Fourche 
elle  comjprend  les  deux  rives  de  la  Riviere  Assiniboine,  jusqu'a 

Deux  Louis  pour  fournir  des  utensiles  de  brasserie :  I'amen- 

IV.  La  section  Super ieure  comprend,  depuis  la  Cathedrale 
de  St.  Jean  jusqu'a  la  Fourche,  le  cote  Est  de  la  Riviere  Rouge 
et  de  IX  les  deux  cotes  de  la  Riviere  Rouge  en  la  remontant. 

XVII.  Les  personnes  suivantes  seront  les  inspecteurs  des 
travaux  pu'^lics: 

I.  Pour  la  section  du  Cheval  Blanc- — Patrice  Breland,  avec 
ivn  salaire  de  £20  par  an. 

IL  Pour  la  section  inferieure,  Thomas  Sinclair,  avec  un 
salaire  de  £25  par  an. 

III.  Pour  la  section  du  milieu,  John  Eraser,  avec  im  sa- 
laire de  £25  par  an. 

IV.  Pour  la  section  Superieure — Francois  Bruneau,  avec 
iiii  salaire  de  £25  par  an. 

Enivrement  des  Sauvages — XVIII.  Si  quelqu'un,  sans  dis- 
tinction de  race,  est,  sur  le  serment  d'un  ou  de  plusieurs  temoiup. 
28159—85.1 


1336  CANADIAN    AKCIIIVES 

ccnvaincu,  devant  line  petite  cour,  d'avoir  foiirni  ou  vendii  a  ini 
sauvage,  ou  a  im  membre  d'une  nation  sauvage  les  moyens  de 
a'enivrer,  il  sera  passible  pour  cliaque  delit  des  amendes  sui- 
vantes : 

Deux  Louis  pour  fournir  des  ustensiles  de  brasserie :  I'amen- 
de  ira  au  delateur. 

Trois  Louis  pour  fournir  du  onalt :  I'amende  au  delateur. 

Cinq  Louis  pour  fournir  la  biere  ou  liqueur  fermentee: 
Tamende  au  delateur. 

Dix  Louis  pour  fournir  des  liqueurs  distillees  ou  tout  moyen 
immediat  d'ivresse,  autre  que  les  liqueurs  fermentees:  la  moitie 
de  I'amende  sera  pour  le  delateur. 

Dans  tons  les  cas,  le  delinquant,  apres  conviction,  sera  em- 
prisonne  jusqu'au  payement  de  ramende. 

XIX.  En  sus  de  ces  amendes,  le  delinquant  i-estituera  au 
sauvage  Fequivalent  qu'il  pourrait  avoir  regu  de  ce  dernier  pour 
les  dites  fournitures.  Dans  cette  restitution,  tout  ee  qui  ne 
sera  pas  argent  devra  etre  estime  au  ]irix  coutant.. 

XX.  Si  un  sauvage  ivre  commet  ou  menace  de  eommettre, 
sans  provocation,  un  acte  de  violence,  il  pent  etre  emprisonne, 
en  sus  de  tTJlite  punition  particuliere,  jusqu'a  ce  qu'il  poursuive 
la  personne  qui  pent  avoir  ete  coupable  de  son  ivresse. 

XXI.  Toute  per&onne  qui  possede  ou  a  possede  du  malt  ou 
de  la  biere  ou  des  liqueurs  spiritueuses  ou  quelqu'autre  moyen 
d'ivresse  sus-mentionne  dans  la  compagnie  ou  dans  la  teute  d'un 
swuvage,  cette  personne  sera  regardee  comme  coupable  d'avoir 
fourni  aux  sauvages  ces  moyens  de  s'enivrer. 

LOIS  SUR  LA  BOISSON. 

XXII.  II  est  permis  au  banc  des  magistrats  de  paix  et  aux 
petites  cours  assemblees  dans  leurs  divers  districts,  le  premier 
Irmdi  du  mois  de  Juin,  cbaque  annee,  ou  a  d'autres  epoques, 
qnand  ils  le  jugeront  a  propos,  d'accorder  des  licences  valables 
jusqu'au  premier  lundi  de  Juin  suivant  aux  demandeurs  ap- 
})rouves  (lesquels  devront  etre  proprietaires  fonciers  dans  la 
Colonie).  Les  licences  donneront  droit  de  vendre  en  detail  sur 
los  proprietes  de  ceux  qui  les  obtiendront,  toutes  sortes  de  li- 
queurs spiritueuses,  vin  et  biere  legalenient  importe  ou  f abrique 
dans  le-pays.  On  est  cense  vendre  en  detail,  quand  on  vend 
moins  de  cinq  galons  de  liqueurs  spiritueuses,  moins  de  un  galon 
(le  vin,  et  moins  de  liuit  galons  de  biere.  II  faudra  payer  une 
somme  de  dix  Louis  pour  obtenir  une  licence  qui  autorise  a 


PIONEER    LEGISLATION  1337 

vendre  en  detail  des  liqueurs  spiritueuses,  comme  du  vin  et  de  la 
biere,  et  la  somme'  de  cinq  Louis  pour  la  licence  qui  autorise  a  ne 
vendre  que  la  biere  en  detail.  Si  quelqu'un  vend  des  liqueurs 
spiritueuses,  du  vin  ou  de  la  biere  en  detail,  sans  cette  licence, 
ii  payera,  pour  chaque  delit,  apres  en  avoir  ete  convaincu,  devant 
une  petite  eour,  sur  le  serment  d'un  ou  de  plusieurs  temoins,  une 
amende  de  dix  Louis  sterlings,  et  sera  emprisonne,  jusqu'au  paye 
inent  de  I'amende.  La  moitie  de  I'amende  apipartiendra  au  de- 
nonciateur.  La  formule  des  licences  sera  conforme  aux  cediiles 
A  ou  B.  Toute  contravention  a  la  teneur  des  dites  licences  sera 
piinie  par  la  perte  des  licences ;  et  de  plus,  en  cas  d'infraction 
des  dispositions  stipulees  dans  les  dites  licences  relativement 
DUX  Sauvages,  le  delinquant  sera  passible  de  la  penalite  spe- 
cinle  pour  fournir  aux  Sauvages  les  moyens  de  s'enivrer. 

Cedule  A. 

Ceci  est  j)oiir  certifier  que  vous etes  autorise  par 

les  presentes  a  vendre,  sur  votre  prrpriete,  toutes  liqueurs  spiri- 
tueuses legales,  en  toute  quantite  au-dessous  de  cinq  galons,  du 
vin  en  toute  quantite  au-dessous  de  un  galon,  et  de  la  biere,  en 
toute  quantite  au-dessous  de  buit  galons,  a  toute  personne  ou 
personnes,  sous  les  restrictions  suivantes,  vous.ne  vendrez  point 
depuis  neuf  heures  du  soir,  jusqu'a  six  heures  du  matin,  non 
plus  que  les  jours  de  dimancbe  a  quelque  lieure  que  ce  soit. 
Vous  ne  vendrez  point  a  des  personnes  ivres,  jamais  a  aucun 
sauvage  ni  a  aucune  personne  vulgairement  connue  comme  sau- 
vage.  Tout  acte  contraire  a  ces  restrictions  rendra  cette  licence 
nnlle  et  de  nul  effet. 

Cette  licence  sera  valaMe  jusqu'au  premier  lundi  de  .Tuin 
jirochain. 

Cedule  B. 

Ceci  est  pour  certifier  que  vous etes  autorise  par  les 

presentes  a  vendre,  sur  votre  propriete,  toute  quantite  de  biere 
au-dessous  de  liuit  galons  a  toute  personne  ou  personnes,  sous 
les  restrictions  suivantes ;  vous  ne  vendrez  point  depuis  neuf 
lieures  du  soir  jusqu'a  six  heures  du  matin  non  plus  que  le  di- 
mancbe a  quelque  lieure  que  ce  soit.  Vous  ne  vendrez  point 
a  des  personnes  ivres,  jamais  a  aucun  sauvage,  ni  a  aucune  per- 
sonne, vulgairement  connue  comme  sauvage.  Tout  aote  con- 
traire a  ces  restrictions  rendra  cette  licence  nulle  et  de  nul  effet. 

Cette  licence  sera  valable  jusqu'au  premier  lundi  de  Juin 
pjochain. 


1338  CANADIAN  ARCHIVES 

XXIII.  C'est  avec  les  fonds  provenant  cles  licences  et  des 
aii^endes  que  les  petites  cours  defraj^eront  toiites  les  depenses 
necessitees  pour  le  maintieii  des  lois  coiitre  la  vente  illegale  des 
boissons  spiritueuses,  du  vin  ou  de  la  biere,  ou  centre  ceux  qui 
I'ournissent  au  isauvages  les  ntoyens  de  s'enivrer.  Les  memes 
petites  cours  rendront  compte  au  Gouverneur  ct  au  Conseil  de 
ces  recettes  et  de  ces  depenses. 

XXIV.  Aucun  proces  ne  pourra  etre  intente,  a  I'effet  de 
recouvrer  les  penalites  encourues  par  la  violation  des  lois  qui 
rcglent  la  vente  des  liqueurs  enivrantes,  si  I'infonnation  n'a  pas 
e*-e  donnee  dans  le  cours  de  six  mois  apres  la  perpetration  du 
del  it. 

DOUANE. 

XXV.  Toutes  les  marchandises  importees  dans  le  district  de 
I'Assiniboine,  des  quelque  Partie  des  Possessions  Britanniques 
que  ce  soit,  ou  de  tout  autre  pays  etranger,  seront  soumises  a  un 
inipot  de  quatre  pour  cent  "ad  valorem/'  valeur  qui  sera  estime 
d'apres  le  prix  courant  auquel  ces  marchandises  sont  vendues 
dans  les  lieiix  d'oii  elles  viennent. — Londres,  ISTew-York,  etc. 
On  excepte  de  cette  regie  generale  certains  articles  sur  lesquels 
il  y  aura  des  specifications  particulieres.  Les  articles  suivants 
seront  introduits  exempts  de  douane,  savoir : 

I.  Toutes  les  barres  de  fer  et  d'acier. 

II.  Tons  les  livres  et  toutes  leg  publications,  .importes  ou 
l^Gur  I'usage  particulier  ou  comnie  niarcliandise. 

III.  Tons  les  instruments  scientifiques. 

IV.  Toutes  les  machines  et  tons  les  instruments  aratoires. 

V.  Tons  les  hagages,  comme  to*s  les  vetements  et  ustensiles 
dont  les  propri  eta  ires  out  fait  ou  font  encore  usage. 

VI.  Toutes  les  semenceSj  racines  ou  plantes,  propres  a  ame- 
liorer  1' agriculture. 

VII.  Toutes  les  fournitures  de  bureau  et  d'ecoles. 

VIII.  Toutes  les  marchandises  reconnues  de  bonne  foi 
comme  proprietes  de  sujets  Britanniques,  et  renttees,  au  temps 
de  I'importation,  comme  destinees  pour  des  etablissements  en 
dehors  du  District  d'Assiniboia. 

IX.  Toutes  les  caisses,  boites,  tons,  les  barils  et  bouteilles^ 
ainsi  que  tons  les  emballages  qui  contiendront  des  marchandises 
ou  liquides  de  quelque  qualite  que  ce  soit. 

X.  Les  monuments  ou  pierres  sepulcliTales. 
XL  Toutes  les  meules  et  tous  les  poeles. 

XII.   Toutes  los  peaux,  pelleteries,  parchemins,  le  cuir  non- 


PIONEER    LEGISLATIOX  1339 

t.inue  et  tons  les  prodiiits  de  la  cliasse  eii  general. 

XIII.  Tons  les  effets  donnes  gratiiitement  et  destines  tout 
d'abord  pour  les  missions  sauvages  du  territfbire  de  Rupert,  ainsi 
que  tous  les  vins  importes  pour  le  service  divin. 

XXVI.  II J  aura  quatre  Collecteurs  des  Douanes  qui  reside- 
ront  a  cliaque  extremite  et  au  centre  de  la  Colonic,  ainsi  qu'a  la 
Prairie  du  Clieval  Blanc.  Leui*s  maisons  seront  regardees 
comnie  d.es  offices  de  la  douane.  _  Cliaque  Collecteur  aura  le  pou- 
voir  de  faire  preter  serment,  de  clierclier  et  de  sairsir  les  mar- 
cliandises  de  contrebande  et  de  poui'suivre  les  contrebandiers. 
11  jDourra  exiger  I'appui  des  connetables,  ainsi  que  de  tout  sujet 
loyal  de  Sa  Majeste  Britannique  et  a  tous  ceux,  qui,  sans  etre 
ccnnetables,  repondront  a  son  appel,  le  Collecteur,  aux  depens 
Oil  tresor  public,  les  payera,  comme  connetables  speciaux  et  ex- 
traordinaires,  dix  shillings  par  jour,  Cliaque  Collecteur  aura  le 
pouvoir  d'exiger  et  de  recevoir  le  payement  de  la  douane,  et  de 
donner  des  regus  faisant  foi  que  la  douane  a  ete  payee.  Deux 
fois  par  mois,  cLaque  Collecteur  reniettra,  entre  les  mains  du 
Gouverneur  qui  est,  en  vertu  de  son  office,  Collecteur  General, 
tous  les  revenus  qu'il  apercus,  ainsi  qu'une  liste  des  personnes 
qui  out  paye,  et  la  valeur  des  marchandises  sur  lesquelles  I'im- 
pot  a  ete  leve.  Tous  les  huit  jours  cliaque  Collecteur  enverra  au 
bureau  du  douane  le  plus  proclie  une  liste  de  toutes  les  quit- 
tances faites  par  lui.  Cliaque  Collecteur,  en  sus  de  son  salaire, 
aura  droit  au  cinquienie  des  profits  resultant  des  saisies  qu'il 
aura  faites  ou  fait  faire. 

XXVII.  Toutes  les  personnes  important  dans  le  district 
d'Assiniboia,  des  marcliandises  sujettes  a  la  douane,  ces  per- 
sonnes qu'elles  soient  proiDfietaires,  agents  ou  conducteurs,  se- 
ront pourvus  d'une  facture  ou  manifesto  qui  fera  connaitre, 
outre  le  nom  du  consignataire,  un  rapport  exact  de  la  quantite 
or  du  prix  d'achat  de  toutes  les  marcbandises  contenues  dans  les 
voitures,  vaisseaux  ou  autre  veliicule  quelconque,  par  terr.e  ou 
par  eau.  Cette  facture  ou  manifesto  sera  verifiee  par  la  signa- 
ront  etre  saisies.  Le  Collecteur,  pour  s'assurer  de  la  veracite  des 
marchandises  dan?;  la  Colonic,  la  dite  facture  ou  manifesto  sera 
presentee  a  un  Collecteur  au  premier  bureau  de  douane  par  ou 
passent  les  marchandises.  Autrement  les  marchandises  pour- 
ront  etre  saisies.  Le  Collecteur,  pour  sassurer  de  la  veracite  des 
factures  a  lui  presentees,  pourra  exiger  le  serment  de  la  partie 
interessee,  ou  bien  examiner  les  marchandises,  en  ouvrant  les 
colis,  s'il  le  juge  necessaire.  Apres  avoir  ainsi  recu  satisfac- 
tion, il  exigera  le  pavement  de  la  douane,  ou,  a  sa  discretion  il 


1340  CANADIAN  AECHIVES 

[)curra  accepter  une  obligation  pour  le  montant  payable  au  moins 
en  trois  mois.  Cette  obligation  pourra  etre  ponrsuivie  et  re- 
C('nvree  comme  tonte  autre  dette. 

Le  Gollecteur,  auquel  on  aura  satisfait  pour  la  douane, 
comme  ci-dessus  specifie,  ecrira  sur  le  revers  de  la  facture  ou 
manifesto  les  mots  "  Examine  et  paye  "  il  y  apposera  en  outre 
sa  signature  et  la  date,  et  ceci  sera  regarde  comme  une  quittance 
suffisante. 

Si  dans  certains  cas,  pour  une  cause  inevitable,  il  arrive 
qu'il  ne  se  trouve  pas  de  facture,  le  Gollecteur  sera  autorise  a 
accepter  la  declaration  assermentee  des  parties  interessees  pour 
connaitre  la  valeur  des  marchandises,  ou,  s'il  le  juge  necessaire, 
il  pent  s'en  assurer  autrement. 

XXVIII.  Tout  proprietaire,  ou  importateur  ou  consigTia- 
taire  de  marchandises  sera  tenu  de  montrer  son  manifeste,  dans 
le  delai  de  vingt  quatre  lieures  apres  I'arrivee  des  marchandises, 
(si  deja  il  n'a  point  de  quittance)  a  un  Gollecteur  de  la  douane, 
et  tout  proprietaire,  importateur  ou  consignataire  de  marchan- 
dises qui  aura  manque  a  cette  formalite,  sera  passible,  outre  la 
somme  exigee  par  la  douane,  d'une  amende  qui  ne  depassera  pas 
cinquante  Louis  sterlings,  et  que  la  cour  pourra  diminuer  a  dis- 
cretion, et  cette  amende  pourra  etre  recouvree  par  les  memes 
poursuites  que  toute  dette  contractee.  Tons  les  ballots,  ainsi 
que  les  marchandises  en  gros  qui  n'auront  pas  ete  declares  dans 
le  manife.-5te  seront  saisis  comme  contrebande,  et  confisques  au 
profit  de  la  Reine,  ou  du  Gouverneur  et  du  Gonseil  agissant  en 
son  nom.  Dans  le  ca.s  ou  une  personne  quelconque  refuserait  de 
montrer  son  manifeste  ou  sa  facture,  ou  bien  refuserait  de  payer 
h\  douane,  ou  de  donner  une  obligation  pour  son  payement,  le 
Gollecteur  sera  autorise  a  saisir  toutes  ses  marchandises  comme 
contrebande. 

Toute  personne  qui  fera  un  faux  rapport  a  un  Gollecteur 
sous  la  foi  du  serment  pourra  etre  poursuivie  comme  parjure 
volontaire. 

Les  personnes,  reclamant  exemption  de  la  douane,  parce  que 
kurs  marchandises  sent  destinees  pour  des  lieux  au-dela  du 
cercle  de  I'Assiniboine,  les  entreront,  comme  les  marchandises 
destinees  a  I'usage  de  la  Golonie,  dans  une  des  maisons  de  la 
douane  ou  elles  les  declareront  en  transit  pour  leur  destination, 
et  ou  elles  donneront  une  obligation  de  ne  pas  disposer  des  dites 
marchandises  avant  qu'elles  soient  loyalement  transportees  en 
dehors  des  limites  du  District  de  I'Assiniboine.  Gette  obliga- 
tion equivaudra  a  la  moitie  du  prix  coutant  des  marchandises 


PIOXEEK    LrEtHSLATION  1341 

ainsi  entrees,  et  ne  pourra  etre  aniiulee  que  par  le  certificat  d'un 
('ollecteiir  des  Douaues,  faisant  foi  que  les  conditions  de  I'obli- 
gution  out  ete  remplies.  Autrem^nt  le  montant  de  I'obligation 
sera  confisque  et  pourra  se  recouvrer  a  la  maniere  des  dettes 
contractees. 

XXIX.  Toutes  les  marcliandises  soumises  a  la  douane,  se- 
ront  regardees  comme  contrebande  dans  les  cas  suivants,  si  elles 
ne  sent  sauvegardees  par  une  quittance. 

I.  Si  elles  sont  restees  sur  les  proprietes  du  possesseur  on 
du  consigTiataire  durant  plus  de  quarante  huit  lieures. 

II.  Si  on  les  a  ouvertes,  ou,  si  Ton  en  a  dispose  d'une  ma- 
niere quelconque,  ou  si  elles  sont  autrement  passees  des  mains 
du  premier  importateur  ou  consigTiataire. 

III.  Dans  le  cas  ou  n'etant  pas  sujettes  a  la  douane,  a  cause 
de  leur  destination  an  dela  des  limites  du  District,  elles  au- 
raient  ete  ouvertes,  ou  I'on  en  aurait  dispose,  ou  si,  d'une  fagon 
quelconque,  elles  etaient  sorties  de  la  possession  du  i3remier  im- 
portateur ou  consignataire  dans  les  li«iites  du  District,  sans  la 
connaissance  et  I'autorisation  d'un  collecteur  des  Douanes,  toutes 
ces  marcliandises  a  moins  d'une  decision  contraire,  seront  confis- 
quees  an  profit  de  la  Reine,  par  le  Gouverneur  et  le  Oonseil 
agissant  en  son  nom.  Toutes  les  marcliandises  ainsi  saisies 
seront  deposees  dans  la  inaison  de  la  Cour,  et  ensuite,  a  des  epo- 
ques  fixees,  ou  les  vendra  a  I'encan,  au  profit  du  tresor  public,  a 
la  reserve  de  la  somme  requise  pour  payer  les  dej)enBes  et 
satisfaire  aux  droits  des  collecteurs. 

XXX.  Un  droit  de  cinq  shillings  par  galon  est  impose  sur 
tcutes  les  liqueurs  fermentees  et  distillees,  a  I'exceptiou  de  celles 
qu'on  pourra  prouver  avoir  ete  directement  importees  du  Royau- 
me-Uni  par  le  consignataire. 

XXXI.  Voici  quels  seront  les  collecteurs  des  Douanes : 
William  Dease,  a  la  Pointe  Coupee,  avec  un  salaire  de  £20 

par  an. 

Roger  Goulet,  au  Fort  Garry,  avec  un  salaire  de£35  par  an. 

Patrice  Breland,  a  la  Prairie  du  Cheval  Blanc,  avec  ini  sa- 
laire de  £20  par  an. 

W.  R.  Smith,  au  Fort  de  Pierre. 

POLICE. 

XXXII.  De  bons  chefs  de  families  dont  le  nombre  ii'exce- 
dera  pas  douze,  et  qui  resteront  en  charge  I'espace  de  trois  ans, 
a  partir  du  ler  Septembre  apres  la  date  de  leur  nomination,  se- 


1342  CANAJ)IAN    ARCHIVES 

ront  etablis  connetables  le  dernier  jeudi  de  chaque  annee  par 
les  Magistrats  specialement  assembles  a  cet  effet.  Chaqne  con- 
iietable  ainsi  nomme  devra  prononcer  lo  scrment  qui  suit  l 

Je  jure  par  Dieu,  a  qui  je  repondrai  au  grand  jour  du  juge- 
rient,  d'etre  toujoul-s,  jusqu'a  ce  qu'on  me  decharge  legalement 
de  moil  office  de  connetable  pour  le  District  d'Assiuiboia,  tou- 
jours  pret  a  tout  hazard  a  marcher  et  a  executer  tout  ordre  legal 
de  maintenir  la  paix  et  la  securite  dans  le  dit  District  contre 
tons  les  ennemis  et  perturbateurs  de  cette  paix  et  de  cette  securi- 
te, de  faire  tout  mon  possible  pour  obeir  a  toutes  les  lois  et  a 
t(  utes  les  autorites  legitimes  en  dedans  du  et  pour  le  dit  District. 
Je  jure  aussi  de  porter  toils  les  autres  a  la  meme  soumission,  et 
d'employer  tons  mes  efforts  a  me  mettre  au  courant  de  tons  les 
roglements  locaux. 

XXXIII.  Pour  negligence  dans  son  devoir,  tout  connetable 
pourra  etre  su&pendu  par  un  Magistrat  ou  par  une  Petite  Cour, 
ou  pourra  etre  congedie  par  la  Grande  Cour. 

XXXIV.  ('haque  connetable  recevra  douze  Louis,  par  an, 
}»ayables  tons  les  six  mois,  a  moins  qu'il  n'ait  ete  renvoye  pour 
negligence  dans  son  devoir,  ou  qu'apres  le  terine  de  ses  six  mois, 
la  cour  n'ait  declare  qu'il  a  ete  justement  suspendu;  dans  ces 
cas,  il  ne  recevra  que  trois  shillings  et  demi,  pour  chaque  jour 
dc  service  actuel. 

DEBITEURS. 

XXXV.  Aucune  propriete  immeuble  ni  sera  vendue,  avant 
que  avis  en  ait  ete  donne  ou  affiche  prealablement,  a  deux  di- 
manches  consecutifs,  a  la  porte  de  toutes  les  Eglises  de  la  Colo- 
nic. Dans  le  cas  oil  la  vente  aurait  eu  lieu,  sans  cette  formalite, 
racheteur  sera  responsable  des  dcttes  du  vendeur  jusqu'au  mon- 
t.int  de  la  valeur  reelle  de  la  propriete  immobiliere. 

XXXVI.  Tout  creancier,  a  qui  il  est  du  une  somme  de 
vingt  shillings  au  moins,  en  faisant  seiinent  devant  un  juge  de 
paix  sur  I'exaotitude  de  la  dette,  et  sur  le  fait  qu'il  croit  son 
debiteur  dans  I'intention  d'aller  dans  un  pays  etranger  ou  dans 
une  partie  de  ce  pays  sur  laquelle  ne  s'etend  pas  la  juridiction 

•  civile  des  cours  de  la  Colonic,  ce  creancier  pourra  forcer  le  dit 
debiteur  a  montrer  des  garanties  pour  attendre  son  retoiir  a  la 
Colonic  dans  la  saison  meme  de  son  depart,  ou  a  donner  des  as- 
surances qu'il  apparaitra  a  la  prochaine  cour  competente.  A 
defaut  de  ces  conditions,  le  creancier  pourra  faire  saisir  le  de- 
biteur et  le  retenir  dans  la  Colonic  jusqu'a  cette  epoque.     De 


PIONEEE    LEGISLATION  1343 

Teffet  de  cette  loi  sera  exempt  tout  debiteur  qui  a  contracte  avec 
h  compagiiie  ou  avec  d'autres  pour  laisser  la  Colonie  duraiit  un 
temps  limite,  sans  songer  a  une  absence  illimitee  de  la  Colonie ; 
pourvu  que  son  engagement  ait  ete  affiche  au  Bureau  de  la  Com- 
pf.gnie,  ou  autre  place  publique,  au  moins  quatre  jours  avant  la 
tenue  de  la  dernier  cour  competente  qui  precede  la  date  de  son 
pretendu  dej^art ;  et  desormais,  en  aucun  cas,  nul  debiteur  lais- 
sfmt  la  Colonic,  aux  termes  d\m  engagement,  ne  pourra  etre  de- 
tenu pour  dettes  contractees  avec  un  tiers,  apres  la  date  voulue 
de  la  publication  de  sr)n  engagement  de  laisser  la  Colonie  pour 
un  temps  limite. 

XXXVII.  Dans  Ic  cas  oii  im  debiteur  qui  a  laisse  la  Colonie 
pour  un  temps  illimite,  aurait  des  proprietes  dans  la  Colonic 
ces  proprietes,  ou  autant  de  ces  proprietes  qu'on  croira  egal  au 
montant  de  la  dette,  pourront  etre,  a  la  discretion  de  deux  juges, 
sur'  la  demande  a'ssennentee  d'un  creancier,  saisies  dans  les 
mains  de  toute  tierce  partie,  et,  a  defaut  de  comparution  du 
debiteur  devant  les  dits  juges,  apres  sommations  par  proclama- 
tion, a*trois  dimanclies  consecutifs,  aux  portes  de  deux  eglises 
Protestantes  et  de  deux  eglises  Catlioliques,  la  Cour  competente 
pourra  proceder  a  sa  discretion,  a  I'execution  de  la  justice  de- 
mandee.  pourvu  cependant  qu'aucune  pareille  saisie  ne  puisse 
etre  lancee  contre  la  propriete  d'une  personne  qui,  quoique  ab- 
sente,  pourra  etre  j^rouvee  avoir  publiquement  notifie  son  inten- 
tion de  s'absenter,  dix  jour?  avant  la  date  de  son  depart. 

DES   BIEXS    LATSSES   SANS    TESTAMENT. 

XXXVIII.  Quaiid  quelqu'un  vient  a  mourir  sans  laisser 
de  volonte  ecrite,  personne  ne  doit  se  meler  de  sa  propriete, 
avant  d'avoir  recu  du  Gouverneur  Tl'Assiniboia  des  lettres 
d'admiui«tration. 

AUTOEISATIONS    DE    IMAEIAGE. 

XXXIX.  Sur  pavement  d'un  Louis,  une  autorisation  de 
mariage  sera  accordee  par  le  Gouverneur  d'Assiniboia  a  tout 
demandant  qui  pourra  faire  serment  en  sa  presence  que  ni  lui- 
merae  ni  sa  pretendue  ne  sont  point  deja  lies  par  un  mariage 
legitime;  en  ceci  Ton  ne  veut  nullement  prejudicier  aux  droits, 
quels  qu'il?  puissent  etre,  d'aiicune  personne  ecclesiastique  de 
I'endroit. 

XL.   Tout  ministre  Presbyterien,  legalement  ordonne  et  ex- 
'ereant  le  miuistero  dans  la  Colonie,  pent  validemeut  celebrer 


1344  CANADIAN  ARCHIVES 

les  mai'iage*  daus  le  District  d'Assiniboia,  et  tous  registres  de 
iiiariages,  de  bapt ernes  et  de  sepultures  regulierement  tenus  par 
tout  Ministre  Presbyterien  legalement  ordonue  seront  regardes 


comme  archives  legales  et  valides 


CONTRATS   DE   SERVICE. 


XLI.  Aucuii  freteur  ou  proprietaire  de  bateau  voyageant 
entre  la  Eiviere  Rouge  et  tout  autre  place  ne  pourra  embarquer 
personne  couime  Batelier,  avaut  de  dresser  un  contrait  par  ecrit, 
autant  que  possible  dans  la  formule  de  la  Cedule  A  donnee  ci- 
apres.  On  y  specifiera  les  gages  que  cette  personne  devra  rece- 
vcir,  en  quelle  qualite  elle  devra  servir,  en  quelle  temps  elle 
dcvra  prendre  ce  service,  a  quelle  e}3oque  elle  partira,  le  poste  ou 
la  plac«  011  ce  voyage  doit  se  faire— Ce  contrat  devra  etre  signe 
par  dhaque  batelier  respectivement,  et  atteste  par  un  temoin, 
quand  chaque  partie  contractante  pent  signer  son  nom,  et  par 
deux  temoins,  quand  une  des  parties" ne  pent  ou  que  les  deux 
parties  ne  pBuvent  signer  leurs  noms,  et  le  dit  contrat  sera  dis- 
tinctement  et  exactement  lu  au  dit  batelier,  avant  d'etre  eigne. 

XLII.  Si  un  batelier,  apres  avoir  signe  un  pareil  engage- 
ment, mais  non  autrement,  neglige  "ou  refuse  de  se  rendre  an 
bateau  dans  lequel  il  s'est  engage  a  servir,  ou  s'il  refuse  de  faire 
le  voyage  convenu,  s'il  s'absente  sans  'permission,  tout  juge  de 
paix,  sur  la  plainte  assermentee  du  maitre  ou  proprietaire  du 
dit  bateau,  lequel  produira  son  contrat,  aura  droit  de  saisir  le  dit 
batelier,  et,  dans  le  cas  ou  ce  dernier  ne  pourrait  pas  donner  des 
raisons  suffisantes  de  son  absence,  de  son  refus  ou  de  sa  negli- 
gf.nee,  le  dit  juge,  apres  preuves  suffisantes  de  ce  defaut,  pourra 
emprisonner  le  batelier  pour  un  temps  quelconque  qui  n'excedera 
pas  trente  jours,  a  moins  que  ce  batelier  ne  consente  a  faire  le 
dit  voyage  a  la  satisfaction  du  plaignant.  Rien  de  ce  qui  est 
ici  contenu  ne  privera  le  Maitre  ou  Proprietaire  du  droit  de  re- 
ccurir  a  la  loi  pour  recouvrer  les  gages  avancees  au  dit  batelier, 
ni  ce  dernier  d'un  semblable  recours  pour  gages  dues. 

XLIII,  Tine  annonce  publique  et  suffisante  sera  faite  du 
jour  du  depart,  au  moins  quatorze  jours  auparavant. 

Cedule  A. 

Engagement  fait  conformement  a  une  loi  du  Gouverneur 
et  du  Conseil  d'Assiniboia  passee  la  vingt-unieme  annee  de  Sa 

Majeste  la  Peine  Victoria,  entre de  la  Colonic  de  la 

Piviere  Rouge,  freteur  et  les  diiferentes  personnes  dont  les  noms 
sent  ici  inscrits. 


PIONEER    LEGISLATION  1345 

II  est  conveiiu  par  et  cle  la  part  des  elites  personnes,  et  cha- 
cune  de  ces  personnes  en  particnlier  convient  par  ces  presentes 
de  servir  sur  tel  ou  tels  bateaux  qui  poiirront  etre  desigue-s  ci- 
apres  dans  les  differentes  qualites  exprimees  -en  face  de  leurs 
nonis  respeetifs  pour  un  voyage  de  la  Colonie  de  la  Riviere 
Eouge  a  • et  de  la  encore  a  la  Riviere  Rouge. 

Le  ou  les  dits  equipages  conviennent  de  plus  de  se  conduire 
er.  liommes  sages,  iideles.  honnetes  soigneux  et  sobres,  et  d'etre, 
en  tout  temps,  attentifs  a  leiu's  devoirs  et  postes  respectifs,  et 
d'obeir  aux  justes  commandements  du  dit  freteur  ou  de  son  rep- 
resentant,  en  tout  ce  qui  a  rapport  au  dit  bateau,  a  son  materiel, 
se.=  provisions  et  sa  cargaison,  soit  a  bord  ou  a  terre.  En  con- 
sideration desquels  services  remplis  diiment,  honnetement,  soi- 
gneusement  et  fidelement,  le  dit  freteur  proniet  par  ces  presentes 
et  convient  de  payer  au  dit  equipage  par  voie  de  compensation 
ou  de  salaire,  le  montant  exprime  devant  leurs  noms  respectifs. 

En  foi  de  quoi,  les  dites  parties  out  appose  iei  leur  signature 
respective. 


Date  de 

Tenga^enient. 


Signature         Oiialite  Epoque  du  ^ 

de   hommes.:     '^"^^"^*^-     I         depart.  ^ages. 


Tenioins. 


Ai'penteurs. 

XLIV.  Les  Sieurs  Roger  Goulet  et  Herbert  L.  Sabine  se- 
rout  Arpenteurs  pour  cet  Etablissement.  lis  ne  recevront  au- 
cun  salaire  des  Eonds  Publics,  mais  cbacun  d'eux  aura  droit 
d'exiger  dix  scliellings  par  jour  de  toute  personne  qui  reel  am  era 
ses  services. 

POSTE. 

XLV.  James  Ro'is,  Ecuyer,  sera  Maitre  de  Poste  dans  la 
partie  centrale  de  I'Etablissement,  avec  un  salaire  de  dix  Louis 
par  an,  et  Thomas  Sinclair,  Ecuyer  sera  Maitre  de  Poste  dans 
la  Section  Inferieure  avec  un  salaire  de  six  Louis  par  an. 

XLVI.  Une  malle  entre  cette  Colonie  et  Pembina  sera  en- 
Iretenue  aux  frais  du  Public ;  cette  malle,  qui  sera  en  connexion 
avec  la  malle  des  Etats-L^nis  a  Pembina,  devra  etre  reglee  de 
maniere  a  reneontrer  la  Malle  des  Etats-LTnis  a  Pembina. 


1346  CANADIAN    ARCHIVES 

XLVIL  Les  droits  tie  port  par  hi  sialic  :joit  de  la  Colunie 
a  Pembina,  soit  de  Pembina  a  la  C'olonie,  sont  ainsi  determines: 

Chaque  lettre  pesant  aii-de^sous  d'lino  once — deux  sons,  ot 
deux  sous  pour  chaque  domi-once  adilitionelk'. 

Chaque  Magasin  ou  Kevue,  quatre  sous. 

Chaque  Journal,  un  s<»u — 'Sont  exempts  do  tome  inipo-^ition 
les  journaux  qui  sont  expedies  diroctoment  du  Bureau  de  la 
publication  et  ceux  qui  entrent  comme  echanges. 

LcvS  livres  pesant  unc  dcnii-livi-e  rm  moius  d'une  domi-livro 
dix  sous. 

Pesant  unc  livre — dix  huit  sous. 

Une  livre  et  demie  un  schelling. 

Deux  livres — un  sehelling  4  sous,  ot  pour  diaiiur  domi-iivre 
additionelle  quatre  sous.  ^ 

Toutes  les  lettres  portees  iruii  liuri'au  do  Postc  Ti  r:iiiiic. 
dans  la  Colonic,  payeront  deux  sous  ohacuno. 

XLVIII.  Pour  los  lettres  ipii  scront  i-ostoos  au  Uuhmu  <ic 
Poste  un  inois,  sans  etre  roclameos,  il  on  sera  donno  avis  pul)lu'; 
el,  si  elles  ne  sont  pas  roclamees  dans  I'intervallo  <\\u\  mois  apres 
cet  avertissement,  olles  seront  ronvovees  au  Bureau  d'oil  elles 
partent;  et  toutes  les  lettres  ainsi  annono/'cs  paveronf,  en  sus 
du  port  ordinaire,  six  sous  cliacnuc;  a  la  charge  de  la  persoimo 
(|ui  rooevrn  une  telle  lettro. 

K'KCOMrEXSES    IMJIK    TKTKS    DK    LOl'P.S. 

XLIX.  ]1  sera  paye  aux  dopens  du  tresor  jiuhlic,  pour 
chaque  loup  tue  dans  un  rayon  de  vingt  miles  <le  la  Colon io, 
cinq  schellings  par  tete  de  gros  louj),  et  deux  schellings  et  demi 
par  tete  de  petit  loup.  De  cettc  sonnne  doiize  sons  par  teto 
soront  retenus  pour  son  profit  par  I'officier  qui  distribue  cos  re- 
compenses a  ceux  qui  les  roolament. 

ADMINISTRATION  DE  LA  JUSTICE. 

L.  Le  Doeteur  Bird  sera  Coronaire  pour  le  district  d'Assi- 

niboia. 

LI.  James  Ross,  Ecuyer,  sera  Gouverneur  de  la  prison,  avec 
un  salaire  de  trente  Louis  par  an. 

James  Ross,  Ecujer,  sera  sheriff  pour  le  nieme  district. 

LIL  La  Grande  Cour  ponr  le  District  d'Assiniboia  se  tien- 
dra  avec  un  Jury  le  troisieme  Jeudi  de  Fevrier,  le  troisieme 
Mardide  ]\fai,  le  troisieme  Jeudi  d'Aofit  et  le  troi^iomo  Joudi 
(ie  Xovembre. 

LIIT.  An  lieu  des  lois  en  vigueur  en  Angleterre,  a  I'epoque 
oil  la  Charte  fut  octroyee  a  I'Hon.  Comp,  de  la  Baie  d'TTudson, 


PIONEER    LEGISLATION  1347 

ks  Lois  en  vigueur  en  Angleterre  a  raveneuiont  de  Sa  Majcstc 
legleront  les  proeedes  de  la  Grande  Cour,  en  autant  du  inoins 
que  ces  Lois  s'appliqiicnt  a  la  position  actuolle  de  la  Colonic, 
jusqu'a  ce  qu'une  autorite  superienre  ou  ce  Conseil  lui-menie 
n'eii  ait  Statue  autrement. 

LIV.  Les  Petites  Cours  se  tiendront  counne  suit: 

I.  Pour  la  Section  de  la  Prairie  du  Cheval  Blanc,  qui  coni- 
j7i'cnd  les  deux  rives  de  la  riviere  Assiniboine,  en  la  remontant 
(■•epuis  la  Riv.  Eturgeon,  le  secend  lundi  de  Janvier  et  de  Mars, 
le  2:)reniier  lundi  de  Juin,  le  second  lundi  de  Juillet  de  Septem- 
hre  et  de  Xovenibre,  chez  Mr.  P,  Breland, 

II.  Pour  la  section  iuferieure  qui  coiupnnid  les  deux  rives 
(ic  la  Riviere  Rouge,  en  la  descendant,  depuis  la  Cathedrale  St. 
Jean,  le  quatrienie  lundi  do  Janvier,  de  ^fars,  de  ^fai,  de  Juil- 
let, de  Scptcudjre  et  de  Xoveiubre,  cliez  M.  Thomas  Sinclair. 

III.  Pour  la  section  superienre  qui  comprend  tout  le  reste 
de  la  Colonie,  le  troisieme  lundi  de  chaque  mois  dans  la  maison 
de  la  Cour.  II  sera  pourtant  loisible  a  cliacune  de  ce-;  petites 
(ours  de  s'ajounier  jusqu'apies  la  saison  des  semences  t  de  la 
moisson. 

LV.  Les  Pet  its  Juges  seront : 

lere  Section.  .M.  Fraucois  Prniiciin,  Piv-ideut,  avec  un  sa- 
lairo  de  £12  par  an.  ' 

M.  Pascal  Breland,  avec  iin  salaire  de  £.>  ])ar  an.  M.  John 
"^Paylor,  avec  un  salaire  de  £">  jjar  nii.  M.  P'erre  Falcou,  avec 
un  salaire  de  £5  i)ar  an. 

He  Section.  M.  Thomas  Sinclair,  President,  avec  un  salaire 
de  £8  i)ar  an.  M.  Donald  Gunn,  avec  un  salaire  de  £5  par  an. 
M.  John  Inkster,  avec  un  salaire  de  £5  par  an.  M.  Donald 
^furraj,  avec  nn  salaire  de  £5  par  an. 

Ille  Section.  M.  Francois  Bruneau,  avec  un  salaire  de  £10 
l)ar  an — ^L  AVilliani  Dease,  avec  un  salaire  de  £10  par  an; 
;M.  a.  Fiddler,  avec  un  salaire  de  £5  par  an ;  M.  Salomon  Hame- 
lin.  avec  un  salaire  de  £5  par  an;  ^f.  A.  G.  B.  Bannatyne,  avec 
nn  salaire  de  £5  par  an. 

LVI.  Deux  Petits  Juge^s  avec  le  President  suffiront  p<jur 
terminer  une  affaire.  Le  President  ne  votera  que  quand  les 
autres  n'auront  pas  decide  au  moins  par  la  pluralite  des  voix. 

LVII.  Les  Petites  Cours  prendront  counaissance  de  tons 
les  proces  pour  dettes  qui  ne  depasseront  pas  cinq  I^ouis,  et  qui 
ne  toucheront  pas  a  des  questions  de  revenu.  Sont  de  plus  du 
ressort  des  Petites  Cours  tons  les  ]:>etit3  delits  qui  n'entrainent 
pas  d'amcnde  peenin'airc  nu-dessus  de  quarante  schellinov;  Mnv- 


1348  CANADIAN  ARCHIVES 

lings,  si  ce  n'est  pour  des  cas  provenant  de  la  violation  des  Lois 
snr  les  boi&sons,  ou  des  Lois  qui  defendant  de  fournir  aux  Sau- 
vages  les  moyens  de  s'enivrer,  dans  lesquels  cas  les  Petites  (Jours 
ont  une  competence  speciale  pour  decider.  Pourtant,  si  la  dette 
depasse  deux  Louis,  la  Partie  Perdante  aura  droit  d'en  appeler 
a  la  Grande  Cour,  en  donnant  des  assurances  pour  les  frais. 

LVIIL  Dans  les  differentes  Petites  Cours  on  n'acceptera 
que  les  semmations  emises  primordialement  dans  leur  Section 
respective,  mais  tons  les  autres  ordres  force  pour  le  District 
d'Assiniboia. 

LIX.  Si,  dans  un  proces  porte  d'abord  devant  la  Grande 
Cour,  le  Banc,  apres  jugenient  rendu  contre  le  defendeur,  decide 
a  I'unanimite  que  ce  proces  auvait  dfi  paraitre  devant  une  Petite 
Cour,  le  demandeur  ne  recevra  de  ses  frais  que  ce  que  lui  aurait 
cccasione  inie  Petite  Cour. 

LX.  Dans  toute  Cour,  cliaque  partie,  dans  un  proces  civil, 
pent  servir  de  temoin  a  I'autre. 

LXI.  Tout  ordre,  exigeant  service  ou  execution,  dans  I'eten- 
due  de  la  Colonic,  ooutera  un  schelling. 

LXII.  Dans  un.cas  civil,  les  Jures  recevront  deux  shillings 
e[  demi  chacunj  tandis  que  tons  les  temoins  auront  chacun  deux 
schellings  et  demi  par  jour. 

LXIIL  A  chaque  cas  presente  devant  la  Grande  Cour,  le 
plaignant  deposera  dix  schellings  que  serviront  a  payer  les  Jures, 
si  le  cas  est  juge;  mais  si  le  cas  n'est  pas  juge,  le  dit  depot  S'cra 
confisqne,  a  moins  que  le  proces  n'ait  ete  retire  an  moins  huit 
jours  entiers  avant  le  jour  ou  la  Cour  doit  se  tenir.  Les  som- 
mes  ainsi  coiifisquees  serviront  a  former  un  fonds,  moyennant 
lequel  tout  Jure  qui,  bien  que  somme  pour  la  Grande  Cour,  n'y 
aura  point  siege  pour  un  cas  civil,  recevra  deux  shillings,  et 
demi  pour  son  assistance. 

LXIY.  Toute  personne  qui  sera  emprisonne,  a  raison  de  quel- 
que  crime  ou  de  quelque  amende,  recevra  chaque  jour  une  livro 
(\c  farine  et  une  demi-livre  de  Pemigan  et  de  I'eau  a  discretion ; 
0 .  personne  ne  pourra  etre  emprisonne  ou  retenu  en  prison,  sur 
la  demande  d'un  creancier,  a  moins  qu'il  ne  recoive  d'avance 
chaque  semaine  de  ce  creancier  une  allouance  journaliere  de 
douze  sous. 

Officier  Executif. 
LXV.  J\I,  William  Eobert  Smith,  avec  un  salaire  de  cent 
Louis  par  an,  romplira  toutes  les  fonctions  administratives  qui 
no  seront  pas  assignees  a  aucune  autre  personne  en  particulier. 

St.  Bonifack,  le  4  Aout  lft62. 


LIBRARY 

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UNIVERSITY  Ot   CALI^UKINIA 

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